MAG. Judge Kayla D. McClusky Scheduling Order — United States v. Tolliver (Dkt. 28, W.D. La.)

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A scheduling order by United States Magistrate Judge Kayla D. McClusky in United States v. Michael Ansezell Tolliver (01), CR Case No. 3:21-CR-00271-01, in the U.S. District Court for the Western District of Louisiana, Monroe Division, before Judge Terry A. Doughty, filed March 4, 2022 as Document 28. It sets a telephone pretrial conference on November 18, 2022 and trial for the week of December 19, 2022 in Monroe, with one week set aside. It sets a plea deadline of November 18, 2022, after which no guilty plea will be accepted unless a written plea agreement signed by the defendant and all counsel is filed, except a plea straight up to all counts.

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Case 3:21-cr-00271-TAD-KDM Document 28 Filed 03/04/22 Page 1 of 4 PageID #: 118




                       UNITED STATES DISTRICT COURT
                       WESTERN DISTRICT OF LOUISIANA
                             MONROE DIVISION

 UNITED STATES OF AMERICA                           CR CASE NO. 3:21-CR-00271-01

 VERSUS                                             JUDGE TERRY A. DOUGHTY

 MICHAEL ANSEZELL TOLLIVER (01)                     MAG. JUDGE KAYLA D. MCCLUSKY


                                    SCHEDULING ORDER
                                    **********************

        A Status Conference was held before Magistrate Judge McClusky on March 4,

 2022. Present for the Government were Seth Reeg and Justin Woodard, and present for

 Defendant was Joseph Woodley.

        A telephone pretrial conference will be held before the undersigned on November

 18, 2022, at 10:00 a.m.        TRIAL is SET before Judge Doughty during the term

 commencing December 19, 2022, 9:00 a.m., Monroe, 2nd floor Courtroom. The court

 will set aside 1 week for trial.

        The plea deadline is November 18, 2022. If a written plea agreement signed by

 defendant and all counsel is not filed with the court (and a copy emailed to the trial judge’s

 chambers) by the close of business on that date, no guilty plea will thereafter be accepted

 by the court except straight up to all counts.

        Any request for subpoenas under Rule 17(b), by a defendant unable to pay, must be

 filed not less than 2 weeks before trial. Any motions for writ of habeas corpus ad

 testificandum, to produce witnesses who are currently incarcerated, must be filed at least 3

 weeks before trial and must describe specifically why the testimony is necessary for an

Case 3:21-cr-00271-TAD-KDM Document 28 Filed 03/04/22 Page 2 of 4 PageID #: 119




 adequate defense. Late requests or motions may result in imposition of costs upon counsel

 personally.

        Discovery from the Government is complete, and defense counsel is satisfied at this

 time. Defendant may reurge any request for Jencks Act material at the pretrial conference.

 Defendant’s counsel is in the process of obtaining more information and documentation

 from Defendant and will provide discovery as soon as possible.

 Exhibits For Court Proceedings

        Counsel for each party will be responsible for presenting their own evidence. All

 exhibits and depositions will be displayed to the jury on the electronic monitors in the courtroom.

 One paper copy of the exhibits admitted into evidence shall be provided for use during jury

 deliberations. That copy will be returned at the end of the trial. Additionally, and in accordance

 with the Notice Regarding Exhibits For Court Proceedings, an electronic copy of the exhibits

 Must also be submitted to the Court.

        If the parties retain experts, they must provide notice and a summary of their opinions to

 opposing counsel no later than July 9, 2022.

        The parties will be allowed until August 19, 2022, to file any additional motions.

 Paper courtesy copies of all motions and briefs shall be submitted to the undersigned

 promptly after filing. If any such motions are deemed to require an evidentiary hearing,

 counsel should so advise the court by letter when the motion is filed. Oppositions to the

 motion are due 14 days after receipt. If needed, an Evidentiary Hearing will be set before

 the undersigned on a date and time to be determined.

Case 3:21-cr-00271-TAD-KDM Document 28 Filed 03/04/22 Page 3 of 4 PageID #: 120




  Pretrial Conference

        The following topics will be discussed at the pre-trial conference:

        1.      Estimated time required by each side to put on its case;

        2.      Marking of documents for identification;

        3.      Waivers of foundation of documents where possible;

        4.      Exchange of curriculum vitae of expert witnesses and/or stipulation of expert

                qualifications;

        5.      Pending discovery problems;

        6.      Consideration of making Jencks Act material available to the defendant prior

                to the testimony of all witnesses;

        7.      Anticipated jury instruction/voir dire problems; and

        8.      Any other relevant matter necessary for the smooth progress of the trial.

 In particular, counsel should be prepared to notify the court if any pretrial hearings are

 anticipated.

 Pretrial Submissions

        No later than ten (10) days prior to trial, counsel will file a list of ALL foreseeable

 issues that will arise on admissibility of evidence, burden of proof, whether any unusual or

 non-pattern jury charges are needed, and any other issues that can or must be dealt with in

 advance of trial. The purpose to be served is to eliminate, to the extent possible, delays

 during the course of the trial, and to permit advance preparation and research of issues

 expected to be raised at trial.

Case 3:21-cr-00271-TAD-KDM Document 28 Filed 03/04/22 Page 4 of 4 PageID #: 121




           Also, no later than ten (10) days before trial, all counsel are requested to furnish this

 court with suggested voir dire questions (if any) in addition to those regularly asked by the

 court. By that same date, counsel are required to file requested jury instructions. Fifth

 Circuit Pattern Jury Instructions requested by the parties should be referenced only by their

 numbers. Each non-pattern instruction will be accompanied by a brief stating the statutory

 and/or jurisprudential authority for the instruction. Fifth Circuit authority is preferable. A

 simple case citation will not be sufficient.

 Other Requirements

           A courtesy copy of all material required by this Minute Entry should be submitted

 in electronic format directly to chambers in order to facilitate prompt attention to all

 matters. The electronic copy should be e-mailed to doughty_motions@lawd.uscourts.gov.

 All electronic submissions must be in Word.

           THUS DONE in Chambers on this 4th day of March, 2022.




                                                                Kayla D. McClusky
                                                           United States Magistrate Judge



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