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1-10-Cr-00576 345 Order Granting Continuance

1-10-Cr-00576 345 Order Granting Continuance

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Published by scribd.hi.lgns8853
Order Granting Continuance in a case the US Department of Justice has described as the largest human trafficking case in US history. The document explains the complexity of this case.

The case was to go to trial on February, 2012, but the DOJ requested a continuance due to the complexity of segregating documents that are protected by attorney-client privilege. The court approved a six month delay, setting a new date of August 8, 2012.
Order Granting Continuance in a case the US Department of Justice has described as the largest human trafficking case in US history. The document explains the complexity of this case.

The case was to go to trial on February, 2012, but the DOJ requested a continuance due to the complexity of segregating documents that are protected by attorney-client privilege. The court approved a six month delay, setting a new date of August 8, 2012.

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Published by: scribd.hi.lgns8853 on Dec 21, 2011
Copyright:Public Domain

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01/31/2012

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF HAWAIIUNITED STATES OF AMERICA,Plaintiff,vs.(01) MORDECHAI YOSEF ORIAN,aka “MOTTY,”(02) PRANEE TUBCHUMPOL,aka “SOM,”(05) RATAWAN CHUNHARUTAI,(06)PODJANEE SINCHAI,and(08)JOSEPH KNOLLER,Defendants. ______________________________)))))))))))))))))))))))CRIMINAL NO. 10-00576 SOMORDER GRANTING THE UNITEDSTATES’ RENEWED MOTION FORCONTINUANCE AND MOTION FORORDER REGARDING PROTECTION OFDEFENDANT ORIAN’S ASSERTEDATTORNEY-CLIENT PRIVILEGE;EXHIBIT A (RULE 502(d)PROTECTIVE ORDER)ORDER GRANTING THE UNITED STATES’ RENEWED MOTION FOR CONTINUANCEAND MOTION FOR ORDER REGARDING PROTECTION OF DEFENDANT ORIAN’SASSERTED ATTORNEY-CLIENT PRIVILEGEBefore the Court, pursuant to a designation from ChiefUnited States District Judge Susan Oki Mollway, is Plaintiff theUnited States of America’s (the “United States”) Renewed Motionfor Continuance and Motion for Order Regarding Protection ofDefendant Orian’s Asserted Attorney-Client Privilege, filed onDecember 1, 2011 (“Renewed Motion”). See ECF No. 333. TheUnited States requests, pursuant to 18 U.S.C. §§ 3161(h)(7)(A)and (B)(ii), a continuance of the February 8, 2012 trial date for
Case 1:10-cr-00576-SOM Document 345 Filed 12/20/11 Page 1 of 11 PageID #: 3128
 
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The United States further states that DefendantsChunharutai and Sinchai have not been arraigned, are notrepresented by counsel in this matter, and have not beencontacted regarding this continuance. See ECF No. 333, at 6.2six months (August 8, 2012). See id. The United States alsorequests that the Court issue a protective order regardingdiscovery obtained from computer hard drives seized fromDefendant Orian’s offices which would permit the government toprovide Defendants Tubchumpol and Knoller discovery from the harddrives without segregating out the documents containing DefendantOrian’s attorney-client communications. See ECF No. 333 Ex. B(Proposed Protective Order). Defendant Orian filed hisOpposition to the United States’ Renewed Motion on December 8,2011 and an Errata to his Opposition on December 9, 2011.See ECF Nos. 340, 341. Defendant Tubchumpol filed a Joinder toDefendant Orian’s Opposition on December 13, 2011. See ECF No.343. The United States’ Renewed Motion states that DefendantKnoller joins in its Renewed Motion and that Defendants Orian andTubchumpol are opposed.
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See ECF No. 333, at 6. The UnitedStates filed its Reply to Defendant Orian’s Opposition onDecember 13, 2011. See ECF No. 342.This matter came on for hearing before the Court onDecember 2, 2011 at 9:00 a.m. Florence T. Nakakuni, Esq., RobertJ. Moossey, Esq., and Daniel H. Weiss, Esq. appeared on behalf ofthe United States. William J. Kopeny, Esq. appeared on behalf ofDefendant Orian, William A. Harrison, Esq. appeared on behalf of
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At the time of the Initial Motion, trial was set forFebruary 7, 2012. After the Court ruled on the Initial Motion,the trial date was continued for one day to February 8, 2012.See ECF No. 320.3Defendant Tubchumpol, and Dana M. Cole, Esq. appeared on behalfof Defendant Knoller via telephone. Based on the following, andafter careful consideration of the Renewed Motion, the supportingand opposing memoranda and declarations attached thereto, and therecord established in this action, the Court HEREBY GRANTS theUnited States’ Renewed Motion, CONTINUES the trial date untilAugust 28, 2012, and ISSUES the Rule 502(d) Protective Orderattached hereto as Exhibit A.BACKGROUNDOn October 25, 2011, the United States filed itsinitial Motion for Continuance (“Initial Motion”), whichrequested a nine-month continuance of the February 7, 2012 trialdate.
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See ECF No. 303. The United States cited two primaryreasons as to why this continuance was necessary: (1) thevoluminous discovery it had to sift through, including 77computer hard drives seized from Defendant Orian’s Los Angelesoffice; and (2) the assignment of new trial counsel in August andOctober 2011. See id.On November 3, 2011, the undersigned Magistrate Judgeissued an Order Denying the United States’ Motion forContinuance. See ECF No. 314. Although the Court recognized thelarge amount of discovery at issue, it was particularly concerned
Case 1:10-cr-00576-SOM Document 345 Filed 12/20/11 Page 3 of 11 PageID #: 3130

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