Criminal Pretrial Order — USA v. Vo Nguyen (Northern District of California, Document 29)

Summary

Criminal pretrial order in the Northern District of California case against Vo Nguyen, signed by Judge Orrick. Trial is set for January 8, 2024, and a Pretrial Conference for January 4, 2024. By December 20, 2023, the government and the defendant are to serve and file a trial memorandum and a witness list, serve exhibit lists, and submit agreed-upon additional voir dire questions. Motions in limine are due no later than December 13, 2023, in one document limited to 25 pages, with oppositions due December 20, 2023 and no reply papers considered. The order also lists trial-day procedures and is dated October 18, 2023.

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“Criminal Pretrial Order — USA v. Vo Nguyen (Northern District of California, Document 29).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-23-cr-00126-dkt-29-n-d-cal-b75f2dce05/, SHA-256 57161fcef47c11ca8de332cb35cc1115ff9c6e9e54bd2f6e266886fab4914f10.

Full text

Case 3:23-cr-00126-WHO Document 29 Filed 10/18/23 Page 1 of 6

3 UNITED STATES DISTRICT COURT

4 NORTHERN DISTRICT OF CALIFORNIA

5
USA,
6 Case No. 23-cr-00126-WHO-1
Plaintiff,
7
v. CRIMINAL PRETRIAL ORDER
8
VO NGUYEN,
9
Defendant.
10

11
1. Trial Date
12

United States District Court
Trial is set for January 8, 2024, beginning at 8:30 A.M., in Courtroom 2, 17th Floor, 450
13

14 Golden Gate Avenue, San Francisco, California.

15 2. Pretrial Conference

Northern District of California
16 A Pretrial Conference has been set for January 4, 2024 at 10:00 A.M..
17 The parties shall follow the requirements of Crim. L.R. 17.1-1, as supplemented below: The
18 government and, to the extent consistent with defendant’s right to an effective defense, the defendant
19
shall do the following by December 20, 2023:
20
(i) Serve and file a trial memorandum that briefly states the legal bases for the
21
charges and the anticipated evidence, and addresses any evidentiary, procedural, or other anticipated
22
legal issues;
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(ii) Serve and file a witness list that includes a brief summary of the testimony of
24

25 each witness; and

26 (iii) Serve and file exhibit lists and serve copies of all marked exhibits on all

27 parties, as discussed in section 5, below.
28
Case 3:23-cr-00126-WHO Document 29 Filed 10/18/23 Page 2 of 6

(iv) Submit an agreed-upon set of additional requested voir dire questions to be
1
posed by the Court or included in the Jury Questionnaire (see section 7 below). Any voir dire
2

3 questions on which counsel cannot agree shall be submitted separately. Voir dire by counsel will

4 usually be limited to fifteen minutes per side; and

5 (v) Meet and confer and be prepared to discuss with the Court at the Pretrial
6 Conference any anticipated evidentiary objections and any means for shortening and simplifying
7
the trial (by stipulating to such matters as chain of custody, nature of substances, use of the mails,
8
etc.).
9
3. Motions In Limine
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Any party wishing to have motions in limine heard prior to the commencement of trial must
11

12 file and serve same no later than December 13, 2023. All motions in limine shall be contained in one

United States District Court
13 document, limited to 25 pages and prepared in accordance with Civil L. R. 7-2(b), with each motion

14 listed as a subheading. Opposition to the motions in limine shall be contained in one document,
15 limited to 25 pages, with corresponding subheadings, and shall be filed and served no later than

Northern District of California
16
December 20, 2023. No reply papers will be considered. The motions will be heard at the Pretrial
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Conference or at such other time as the Court may direct.
18
19 4. Jury Instructions

20 a. Joint Set of Instructions. The parties shall jointly prepare a set of jury instructions,

21 and shall file the proposed instructions at least seven days prior to the Pretrial Conference. The

22 submission shall contain both agreed-upon instructions (which shall be so noted), and contested

23 instructions, all in the order in which they should be read to the jury. Where contested instructions

24 are included, they should be annotated both with the proponent’s authority for seeking the

25 instruction and the opponent’s reason for opposition. Counsel shall deliver to Chambers a copy of

26 the joint submission, on a CD/DVD in Word format. The label shall include the case number and

27 a description of the documents.

28 b. Substance and Format of Instructions. The instructions shall cover all substantive

2
Case 3:23-cr-00126-WHO Document 29 Filed 10/18/23 Page 3 of 6

1 issues and other points not covered by the Ninth Circuit Manual of Model Jury Instructions. Each

2 requested instruction shall be typed in full on a separate page and citations to the authorities upon

3 which the instruction is based shall be included. Instructions shall be brief, clear, written in plain

4 English, and free of argument. Pattern or form instructions shall be revised to address the

5 particular facts and issues of this case.

6 c. Preliminary Statement and Instructions. If the parties wish to have a preliminary

7 statement read to the jury, and/or preliminary instructions given to the jury, they shall jointly

8 prepare and file the text of the proposed preliminary statement and/or preliminary instructions by

9 December 20, 2023.

10 5. Exhibits

11 a. Provide Copies of Exhibits to Other Parties. The government and, to the extent

12 consistent with the defendant’s right to an effective defense, the defendant shall provide every

United States District Court
13 other party with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and

14 other similar documentary materials to be used in its case in chief at trial, together with a complete

15 list of all such proposed exhibits, at least fourteen days prior to the Pretrial Conference.

Northern District of California
16 Voluminous exhibits shall be reduced by elimination of irrelevant portions or through the use of

17 summaries. Each item shall be pre-marked with a trial exhibit sticker (“Trial Exhibit No.__”)

18 label; defendant’s exhibit numbers shall be sequenced to begin after plaintiff’s exhibit numbers. If

19 there are numerous exhibits, they should be provided in three-ring binders with marked tab

20 separators. All exhibits that have not been provided as required are subject to exclusion.

21 b. Stipulations re Admissibility. At least seven days prior to the Pretrial Conference,

22 the parties shall make a good faith effort to stipulate to exhibits’ admissibility. If stipulation is not

23 possible, the parties shall make every effort to stipulate to authenticity and foundation absent a

24 legitimate (not tactical) objection.

25 c. Objections to Exhibits. In addition to the exhibit list, counsel shall confer with

26 respect to any other objections to exhibits in advance of the Pretrial Conference. Each party shall

27 file a statement briefly identifying each item objected to, the grounds for the objection, and the

28 position of the offering party by December 20, 2023.
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Case 3:23-cr-00126-WHO Document 29 Filed 10/18/23 Page 4 of 6

1 d. Provide Copies of Exhibits to Court. One set of exhibits shall be provided to the

2 Court in Chambers on the Friday prior to the trial date, in binders, marked, tabbed, and indexed in

3 accordance with Local Rule 16-10(b)(7). Exhibits shall be identified as follows:

4
UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
6 TRIAL EXHIBIT 100
7

8 CASE NO. _____________________

9
DATE ENTERED_________________
10

11 BY __________________________
12 DEPUTY CLERK

United States District Court
13

14 Blocks of numbers shall be assigned to fit the needs of the case (e.g., Plaintiff has 1-100,
15 Defendant has 101-200). The parties shall not mark duplicate exhibits (e.g., plaintiff and

Northern District of California
16 defendant shall not mark the same exhibit; only one copy of the exhibit shall be marked).
17 e. Witness Binders. If all of the exhibits in a case do not fit in one binder, then parties
18 shall prepare a witness binder for each witness that will testify regarding three or more exhibits.
19 f. Disposition of Exhibits after Trial. Upon the conclusion of the trial, each party
20 shall retain its exhibits through the appellate process, as well as any exhibits that were offered but
21 the Court did not admit. It is each party’s responsibility to make arrangements with the Clerk of
22 Court to file the record on appeal.
23 6. Voir Dire
24 The Court will utilize a Juror Questionnaire, which may include case specific questions, to
25 be filled out by prospective jurors in advance of jury selection. Judge Orrick will hold a hearing
26 one to three days prior to jury selection to consider whether any jurors should be excused for
27 hardship or cause based on the written responses. Judge Orrick will only excuse jurors at that
28
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Case 3:23-cr-00126-WHO Document 29 Filed 10/18/23 Page 5 of 6

1 hearing if both parties agree. The parties shall review and follow Judge Orrick’s Standing Order

2 Regarding Juror Questionnaires and Social Media Research, which is incorporated by reference

3 into this Order.

4 7. Other Pretrial Matters

5 a. Status Conferences. Any party desiring to confer with the Court may, upon notice

6 to all other parties, arrange a conference through the Courtroom Deputy, Jean Davis, at 415-522-

7 2077 or whocrd@cand.uscourts.gov.

8 b. Daily Transcripts. Should a daily transcript and/or realtime reporting be desired,

9 the parties shall make arrangements with Kristen Melen, Court Reporter Supervisor, at 415-522-

10 2079 or Kristen_Melen@cand.uscourts.gov, at least seven calendar days prior to the trial date.

11 8. Trial Matters

12 a. The normal trial schedule will be from 8:30 a.m. to 1:30 p.m. (or slightly longer to

United States District Court
13 finish a witness) with two fifteen minute breaks. Trial is usually held from Monday through

14 Friday.

15 b. Parties must meet and confer to exchange any visuals, graphics or exhibits to be

Northern District of California
16 used in opening statements. Unless otherwise agreed, the exchange must occur no later than

17 Wednesday before the trial. Any objections not resolved must be filed in writing by Thursday

18 before trial. The parties shall be available by telephone Friday before trial to discuss the issue

19 raised with the Court.

20 c. The parties shall disclose the witnesses whom they will call at trial on any given

21 day by at least 2:00 p.m. the court day before their testimony is expected. Failure to have a

22 witness ready to proceed at trial will usually constitute resting.

23 d. The Court takes a photograph of each witness prior to the witness’s testimony.

24 e. Other than a party or party representative, fact witnesses are excluded from the

25 courtroom until they are called to testify, and may not attend in the gallery until their testimony is

26 complete.

27 f. The Court does not typically allow bench conferences. If there are matters that

28 need to be raised with the Court outside the presence of the jury, the parties should raise them in
5
Case 3:23-cr-00126-WHO Document 29 Filed 10/18/23 Page 6 of 6

1 the morning before trial or during recess. With advance notice, the Court is usually available at

2 7:30 a.m. to address such matters.

3 9. Miscellaneous
a. Please DO NOT call Chambers. If you need to contact the Courtroom Deputy,
4

5 please call (415) 522-2077 and leave a message if the deputy is not available, or email

6 whocrd@cand.uscourts.gov.

7 b. Copies. Each document filed or lodged with the Court must be accompanied by a
8 three-hole punched copy for use in the Judge’s chambers. In addition, one copy of the witness and
9
exhibit lists should be furnished to the court reporter.
10
c. Change of Plea. Counsel shall give prompt notice to the United States Attorney and to
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the Court of any intention to change a previously entered not guilty plea.
12

United States District Court
IT IS SO ORDERED.
13

14 Dated: October 18, 2023

15 ______________________________________

Northern District of California
16 WILLIAM H. ORRICK
United States District Judge
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