EFTA00205274.pdf

From: Paul Cassell •cl To: " . (USAFLS)" (USAFLS)" Cc: "IllaliaLS)" ctl >, Brad Edwards Subject: RE: Judge Marra's Order Granting the Victims' Motion to Compel Discovery From the Government Date: The, 25 Jun 2013 00:13:39 +0000 Importance: Normal Attachments: ORDER-omnibus-wrapup.pdf Hi I guess we were all under the impression that the Government's motion to stay had never been granted, but Judge Marra apparently granted it in a sealed order that we did not receive. We still have not seen that order. (Have you?). In any event, the recent order setting a production schedule that Brad and I were referring to is Omnibus Order DE 190 (attached to this email for your convenience), entered June 19, 2013, which states: "The petitioners' motion to compel discovery from the government [DE 130] is GRANTED. Within THIRTY (30) DAYS from the date of entry of this order, the government shall . . . [produce various discovery items]." So we were expecting to see most of our discovery provided to us on July 19, 2013 pursuant to this order granting our motion to compel. Looking forward to getting those discovery materials and moving the case forward to a resolution. Paul Cassell and Brad Edwards for Jane Doe #1 and Jane Doe #2. Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law Quinney College of Law at the University of Utah 332 South 1400 East, Room 101 Salt Lake City, UT 84112-0730 Voice: Fax: Email: http://www.law.utah.edu/profiles/default.asp?PersonID=S7&name=Cassell Paul You can access my publications on http://ssrn.com/author=30160 CONFIDENTIAL: This electronic message - along with any/all attachments is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Professor Cassell is admitted to the Utah State Bar, but not the bars of other states. Thank you. From: M, (USAFLS) [mailto: Sent: Monday, June 24 2013 5:25 PM To: Paul Casselle. (USAFLS) Cc: (USAFLS); Brad Edwards Subject: RE: One additional discovery request in Jane Doe #1 and Jane Doe #2 vs. U.S., No. 08-80736 Paul, You have addressed your additional discovery request to the correct person. In the Court's order denying the government's motion to dismiss, the Court referenced "[t]he stay of discovery pending ruling on the government's motion to dismiss entered November 8, 2011 [DE #123] is LIFTED." I checked back into my CM/ECF notifications on Outlook, and did not find any for D.E. 123. I checked the docket sheet, which indicates a sealed order being entered on November 9, 2011, which is D.E. # 123. EFTA00205274 I was under the impression the Court had not ruled on the government's motion to stay. On December 6, 2012, the petitioners filed their Motion for Prompt Ruling Denying Government's Motion to Stay (D.E. 179), in which the petitioners noted that, "[t]he government's motion was filed more than one year ago, yet (presumably because of a flurry of other motions) the Court has yet to rule on this particular motion." From this, it appears petitioners also believed the Court had not ruled on the government's motion for stay. In any event, your e-mail states that "you look forward to receiving the discovery materials that the Court has ordered you to produce on the schedule that the Court has ordered them produced." What is your view as to the schedule that the Court has ordered the documents produced? Is that contained in D.E. 123? Thanks. From: Paul Cassell [mailto: Sent: Monday June 24 2013 4:07 PM To: I. (USAFLS); (USAFLS) Cc: (USAFLS); Brad Edwards Subject: RE: One additional discovery request in Jane Doe #1 and Jane Doe #2 vs. U.S., No. 08-80736 Dear I am writing to confirm that you remain the person that we should be contacted with regard to the above-captioned case. If not, please advise as to who the appropriate contact person is (and please forward this message to that person). In light of the Court lifting the stay on discovery, we are writing send one additional discovery request. Of course, this request is in ADDITION to the requests previously sent. It should not be viewed as replacing the other discovery requests or extending the deadline for producing the materials covered by the other discovery requests. We look forward to receiving the discovery materials that the Court has ordered you to produce on the schedule that the Court has ordered them produced. Please let us know if you have any questions. Paul Cassell and Brad Edwards for Jane Doe #1 and Jane Doe #2 Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law S.J. Quinney College of Law at the University of Utah 332 South 1400 East, Room 101 Salt Lake City, UT 84112-0730 Voice: Fax: Email: http://www.law.utah.edaprofiles/default.asp?PersonID=S7&name.Cassell Paul You can access my publications on http://ssrn.com/author=30160 CONFIDENTIAL: This electronic message - along with any/all attachments is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Professor Cassell is admitted to the Utah State Bar, but not the bars of other states. Thank you. EFTA00205275