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Status Conference before Magistrate on Discovery issues canceled today

At the request of the prosecution and with the apparent consent of the defense, the scheduled status conference before Magistrate Judge Vera Scanlon was canceled.

The letter filed with the court, from Assistant US Attorneys Moira Penza and Tanya Hajjar, reads as follows

Dear Judge Scanlon:
The Court initially set today’s status conference as a control date to address, if necessary, issues that were raised by certain defendants at the end of last Thursday’s status conference. Since that conference the parties have been working productively to address and resolve those issues. The parties jointly agree that in light of the progress that has been made, a conference today is not necessary unless there are other issues the Court wishes to address.


The Magistrate agreed to cancel the hearing. The following was recorded on the docket:

Full docket text:
ORDER: Based on the letter at [156], today’s conference is cancelled. By noon tomorrow (10/3/2018), the Parties should file a letter with their proposed schedule for discovery and motion practice. If there are any issues on which the Parties do not agree, they should state their respective positions in the letter. Counsel should be available for a Telephone Conference with Magistrate Judge Scanlon at 5:00 PM tomorrow. (Call-in #: 877-336-1829; Participant Code: 3581283). If, after reviewing the Parties’ letter, the Court determines that the Telephone Conference is unnecessary, it will be cancelled. Ordered by Magistrate Judge Vera M. Scanlon on 10/2/2018.


As I reported earlier there has been considerable discussion and some disputes over the production of discovery and it would seem that some progress is being made.

There is a status conference before Judge Nicholas Garaufis on October 4, presently scheduled.

At that point, we can expect some interesting updates on the status of the case. There may be more to report on possible superseding indictments.


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Frank Parlato

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  • As the DOJ examines the digital files expect two or three waves of new indictments with an avalanche of new charges.
    Sara and Emiliano, break out your fire proof underwear.

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