United States District Court, D. Nevada
VALLADARES Federal Public Defender
KORENBLAT, Assistant Federal Public Defender Attorney for
L. VALLADARES Federal Public Defender RACHEL M. KORENBLAT
Assistant Federal Public Defender Attorney for Vonteak
MOTION TO CONTINUE RESPONSE TO OBJECTION TO SUBPOENA
(EXPEDITED TREATMENT REQUESTED)
RICHARD F. BOULWARE, II United States District Judge.
This motion is timely filed.
defendant, Vonteak Alexander, by and through his counsel of
record, Rachel Korenblat, Assistant Federal Public Defender,
moves this Honorable Court for an order to continue Mr.
Alexander's date to respond to the County of Alameda,
Social Services Agency, Department of Children and Family
Services' Objection to Subpoena until December 5, 2017.
This motion is based on the following Memorandum of Points
and Authorities, and all filings to date.
this 27th day of November, 2017.
OF POINTS AND AUTHORITIES
February 28, 2017, the grand jury in the District of Nevada
charged Mr. Alexander with one count of Conspiracy to Commit
Sex Trafficking, in violation of 18 U.S.C. § 1594(c),
one count of Sex Trafficking, in violation of 18 U.S.C.
§§ 1591(a)(1), (a)(2), (b)(2), (c) and 2, one count
of Conspiracy to Transport for Prostitution or Other Criminal
Sexual Activity, in violation of 18 U.S.C. § 1594(c),
one count of Transport for Prostitution or Other Criminal
Sexual Activity, in violation of 18 U.S.C. §§
2423(a), 2, and one count of Coercion and Enticement, in
violation of 18 U.S.C. § 2422(b) (the
“Indictment”). ECF No. 1.
on the parties' joint motion, on August 16, 2017, this
Court ordered the California Child Protective Services
(“CPS”), among other entities, to produce to the
U.S. Attorney's Office and the Federal Defender's
Office certain records concerning A.B.W., the alleged victim
in this case within two weeks of the date of the order. ECF
No. 39 (sealed motion and signed order). The government
represented to the undersigned that it would serve all of the
parties subject to this order: the California Department of
Juvenile Justice, the Superior Court of California, County of
Alameda, California Juvenile Justice Court, and California
CPS. The government, however, served all of the parties
except California CPS.
the undersigned became aware CPS was not served, the Federal
Public Defender's Office served California CPS on October
16, 2017. Sealed Exhibit A, attached hereto. (Sealed
subpoena). The subpoena attached the Court order, which
provided that disclosure was due within two weeks of the
order. Ex. A at pp. 6-10. Because that time had passed,
Attachment A to the subpoena provided a deadline of November
1, 2017. Id. at p. 3.
November 1, 2017, the undersigned contacted an attorney for
CPS because the entity had not complied with the subpoena.
The attorney explained she thought the response date was
December 19, 2017. See Ex. A at p. 2. The
undersigned explained that December 19 was the trial date,
not the due date for the subpoena. Nevertheless, the attorney
stated that CPS was going to object to producing records by
November 15, 2017. Because CPS had not filed any objections
or moved to quash the subpoena by that date, on November 17,
2017, Mr. Alexander filed a Motion to Compel. ECF No. 77. On
November 20, 2017, the Court granted Mr. Alexander's
Motion to Compel by ordering CPS to comply with the subpoena
or show cause by December 4, 2017. ECF No. 81.
November 21, 2017, the Court docketed an objection by
CPS's counsel as a response to Mr. Alexander's Motion
to Compel. ECF No. 82. Pacer then automatically set a reply
date by November 28, 2017. Id. Because the Court had
previously granted Mr. Alexander's Motion to Compel,
see ECF No. 81, the objection appears to be more of
a stand-alone filing showing cause why CPS will not comply
with the Court's orders than a response to a motion.
CPS raises arguments as to why it will not comply with the
Court's previously issued orders, and the intervening
holiday weekend, Mr. Alexander requests the Court allow Mr.
Alexander to ...