ing 2513. Miss Pollus is there for the state. Miss Whiteway also for the state. Mr. Diaz for the defendant. >> Good morning, judge. >> Good morning. >> Good morning, Miss Gladill. >> Mr. Diaz, what's planned today? >> Um, your honor, I believe we're going to set a motion hearing date. We've had the state and I have had the opportunity to talk. I think we have some some agreement as far as a couple of the motions. I think there are two motions we're going to have to argue. So, we're going to ask for I believe either a morning or an afternoon to argue those two motions. >> What are the motions? They are my motion in limony and then the other one from the state involving the allowance of of kind of the the allegations the facts that are set forth in the protective order that the state filed. >> That's correct. Um it's defendants's motion in lemony to exclude phone call recordings and um the state's motion in limony to exclude factual allegations in defendants's request for the protective order um and defense filed a response to that or that at this point the state has not filed a response to defendants's motion and limiting to exclude the phone call recordings but we anticipate we um will likely after the evidentiary hearing ask for further briefing and then file a response. >> Okay. So, sounds like we're not complimenting a motion argument hearing, but an evidentiary hearing. >> That's correct, your honor. >> Okay. >> And what we're hoping and the parties have discussed is we'd like to provide the exhibits to your honor ahead of time to allow you to review them and that will allow us to proceed a little bit more efficiently and we'd be able to set it in again a morning or an afternoon >> and and anything that happens by way of that, it would be stipulated as far as the court being able to review that beforehand. >> Okay. As long as it's stipulated, I have no issue with that. And that would be helpful to have that information in advance. >> Okay. How far out are you on your schedules? >> Well, your honor, it might make sense for us to discuss trial dates and then work backwards from there. I know that we're also hoping to set this back onto the trial calendar to keep things moving forward. >> Okay. I'm trying to remember. I think we previously had like seven days of trial. >> We had seven days of evidence and then an additional day for jury selection, >> right? Is that still your estimate? >> Right now it is. What the state is anticipating is we're planning on meeting with um many of the witnesses ahead of time to see if there's ones that we can that we don't need to go forward with. We whenever you set a trial of this scope, you have a tendency to subpoena more than you probably would need. And so we're hoping to cut that back. But right now I think setting seven days of evidence is necessary. >> Okay. Um let me see which of our trial settings would be able to accommodate seven days because normally we're >> and I think as the court's looking at its calendar as we were speaking I think the first set of dates we were looking at would be the June 8th date. Um, I know that was there a conflict in August? I can't remember. Conflict in August. So, either the the June or the September dates. >> That's correct. And we understand there might be some situations where we might have to have some dates that are breaking it up a little bit. We're hoping to keep it as cohesive as possible. the June date. Um, I'd only be able to accommodate six days because we have uh Junth observed on June 15th and then I would run into other hearings. Um, so if you wanted that, I could do four days the week of June 8th and then it'd be June 16th and 17th. >> Your honor, at this point, speaking with Miss White, we're just concerned that six days may not be enough. Um, and so we'd have to maybe look at those September dates if those if you could accommodate more days. >> Let me see here. I can't do that for September. I've got a civil trial that starts immediately after that trial week. Um, >> do you want to try the >> Your honor, is there an ability with the June dates to to request an additional a different date for jury selection? potentially seeing if if the court could accommodate jury selection on maybe June 3rd or an alternative date that will give us more time. I wouldn't have an objection to that. I should say I would be able to make that work. that creates a logistical challenge in terms of jury pools and trial priority. um because I think I'd have to be pulling a different jury pool for just this case and my final pre-trial conferences for the other cases would then be after jury selection for this case. Um, and right now I think there's a higher priority case before this one for that June setting. >> So, >> if sorry, let me let me just throw out one other option here. Um, if we did the June date, we'd have jury selection June 8th. We'd have the four days for the rest of that week. We could have um the 16th and 17th the following week. The 18th is my preliminary hearing calendar. So, we could have that afternoon. >> And that was what Miss Whiteway was suggesting. And I think that would be a nice just in case it goes further than that. I think we could make that work. >> I'm fine with that. >> Okay. So let's see then uh let me double check one other thing. Okay. So, we'll schedule jury selection for June 8th at 9:30 a.m. We'll schedule the trial days to be June 9th, 10th, 11th, 12th, and then into the next week, 16th, 17th, and the afternoon of June 18th. The two final pre-trial conference dates are going to be May 7th and June 4th, both at 9:00 a.m. [clears throat] So, with that set, we can schedule the evidentiary hearing for the motions. >> And there's after we set that date, we also have another motion um that the state had filed in speaking with Mr. Diaz, it sounds like he may wish to brief that issue and so we're hoping to set deadlines as well and we could probably set them around that evidentiary hearing time. So, so I'd like to build in a little bit of time in case we do have to litigate that issue as well. >> Um, okay. But you got to give me time to make a ruling, too. >> Exactly. That makes sense as well, your honor. So, >> we we Well, the way I anticipate it happening is that motions would be filed, the evidentiary hearing would happen. Um, as the state requested, there would be some supplemental briefing after the evidentiary hearing and then we'd come back for a ruling. So, I think the court would have ample time to to make a ruling. Jeremy, how much time do you have to I have the afternoon of March 3rd as an option. Check my calendar. >> I could make that work >> for you. The afternoon March 3rd. Let me just make sure that works for the state as well. Y >> we'll schedule the evidentiary hearing for March 3rd at 100 p.m. I'll block out the afternoon for that. Um so in terms of further briefing >> so I'll I'll have the response that I may give would happen in 3 weeks and then if we want to give the state if they choose to two weeks to respond that I think that'll get us around there. Again, I don't think it's a situation where it's going to to [snorts] require the court to make an immediate decision. Then I think we could come back after the evidentiary hearing and allow the court to make its decision from there and have final argument >> and and it's not the state's intention with this potential other issue that we're briefing. We'd anticipate setting another evidentiary hearing. We just wanted to make sure we have time. So setting this ever evidentary hearing a March 3rd will give us plenty of time to set something um and know where we're at on that March 3rd date. My question to you, your honor, how soon would you like those exhibits to be able to review them before that hearing? >> What's the volume of exhibits? >> I'm not sure. So the state's position in regards to the draft order is none of the exhibits should come in. So we're anticipating that Mr. Das will be providing exhibits of the specific items he believes should be admissible. Um, in regards to the phone calls, I you know, I I neglected to look at the length, but there are a number of phone calls, but we do plan on providing transcripts. So, I would think in regards to the states, I'd like to provide it with you at least two weeks ahead of time to just give you time to review them. >> Just looking at my schedule here. >> And just so the court knows, we'll have a stipulated set of transcripts as well. >> Yes, we're going to be working on that now to make sure that they're reviewed and and both sides stipulate >> any exhibits that are stipulated for the court to review in advance. It would be ideal if I had those by February 13th. That's a couple weeks in advance and it'll okay, >> I think give me enough time to to review them. >> That'll work. Anything else we need to discuss today? >> I don't believe so, your honor. >> I don't believe so. I just want to note there were some other motions in regards to um the reasonable down instruction and other um arguments at trial. We both agree that that's something that could be handled closer to trial. >> Can I add just a moment? >> Sure. That's it, your honor. >> That's all. >> All right, then I'll see you on March 3rd. Thank you. >> Great. Thank you. >> Thank you. And that's all I have today. >> Thanks. >> Thanks for [clears throat] letting me use your pen.