Despite COVID-19, Judge in Elizabeth Holmes Fraud Case Pushes Forward With Summer Trial Date
Lance Wade of Williams & Connolly, one of the Theranos founder's lawyers, said Wednesday that social distancing restrictions had made it "close to impossible" for the defense to prepare for the trial set to begin in August.
April 01, 2020 at 04:50 PM
4 minute read
The federal judge overseeing the criminal fraud case against Elizabeth Holmes on Wednesday held off suspending an August trial date for the founder of blood-testing company Theranos.
U.S. District Judge Edward Davila also took issue with the tone of a proposed order from Holmes' lawyers at Williams & Connolly, who asked that their work on the case be deemed "essential" so they could continue with her trial preparation.
Williams & Connolly's Lance Wade said during a telephonic hearing Wednesday that the proposed order was designed to allow Holmes' lawyers to do things such as arrange for service of trial subpoenas and travel, and that it wasn't meant to force the judge's hand into issuing an order allowing lawyers to violate state and local rules meant to curb the spread of the coronavirus.
"I assure you as someone who has a brother who is a first responder, I in no way seek to downplay this crisis," Wade said. "I in no way want to put the court in a difficult position."
Davila on March 20 severed Holmes' trial from her co-defendant, former Theranos president and COO Ramesh "Sunny" Balwani, but indicated that he planned to move forward with the Holmes trial as scheduled. Davila's order, which said there was "good cause" to sever the trials but did not elaborate further, was handed down after the Northern District of California closed its courtrooms to civil hearings and suspended the start of new trials until at least May in moves meant to address the coronavirus pandemic.
Davila at Wednesday's hearing said the "tone" of the proposed order asked him to acknowledge the seriousness of the current pandemic while also giving lawyers the authority to violate the local rules designed to abate it.
Wade and his colleagues initially asked for a September trial date, but had indicated that they would be able to prepare for a late July jury selection and early August trial if the government held to all applicable discovery deadlines. Wade said that because of government delays in document production and the complications of litigating during the ongoing pandemic, the defense team had "walked into Mt. Everest" and that it had become "close to impossible" to adequately prepare as scheduled.
Davila said that many of the complications that Holmes' lawyers are facing also face federal prosecutors, and that many of the tasks that need to be done can be accomplished remotely by reviewing documents digitally, and conducting meetings and witness interviews by videoconference. "Of course there's recognition of this pandemic and what it does and that's not lost on me," said Davila, adding that he had kept the trial date in hopes of keeping both the government and the defense lawyers making progress on preparing the case for trial.
Davila, however, said he worried that even in July potential jurors might be reluctant to sit in close quarters for the weeks that the trial is set to last. "What is our jury pool going to look like and be like in July?" Davila asked. "What's the national condition going to be given this current scourge that we are facing?"
The judge ultimately asked Holmes' lawyers and prosecutors to meet and confer about the feasibility of proceeding with the current trial date and report back to him in two weeks.
"The landscape changes daily and the most important thing is everyone's health," the judge said.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWilson Sonsini Knocks Out Claims Against Inhibrx Biosciences in Trade Secrets Verdict
LinkedIn Hit With Wave of Health Data Claims Under California Privacy Law
'Error in Our Case Law': 9th Circuit Overturns False Claims Act First-to-File Precedent
California Federal Judge to Hear Arguments in Health Care Clinic's Case Against City of Santa Ana
Law Firms Mentioned
Trending Stories
- 1Judicial Ethics Opinion 24-61
- 2Decision of the Day: School District's Probe Was a 'Sham'; Title IX Administrator Showed Sex-Based Bias
- 3US Magistrate Judge Embry Kidd Confirmed to 11th Circuit
- 4Shaq Signs $11 Million Settlement to Resolve Astrals Investor Claims
- 5McCormick Consolidates Two Tesla Chancery Cases
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250