'Varsity Blues' Pretrial Deadlines Firm Despite Pandemic

By Brian Dowling
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Law360 (March 17, 2020, 1:03 PM EDT) -- The blanket 60-day extension of pretrial deadlines ordered for federal cases in Massachusetts won't apply to Lori Loughlin and a group of other "Varsity Blues" parents hurtling toward a late September trial date, the judge in the college admissions case said Tuesday.

U.S. District Court Judge Nathaniel M. Gorton said the established schedule for pretrial status conferences, motions, jury selection and other events would continue as planned, despite the court's recent decisions to delay trials, cancel grand juries and otherwise limit access to the courthouse in order to slow the spread of the coronavirus.

Monday's order by U.S. District Court Chief Judge F. Dennis Saylor IV continued most criminal proceedings for 60 days, except ones concerning personal liberty and public safety, and extended all pretrial deadlines "unless otherwise directed by the presiding judicial officer."

Judge Gorton wrote Tuesday, "This judicial officer hereby determines that all established pre-trial deadlines in the above-captioned case continue to apply."

The judge added that any motions to extend deadlines would be considered on an individual basis and granted only for good cause.

Loughlin, her husband, designer Mossimo Giannulli, and a group of other parents are accused of falsely passing their children off as athletic recruits to get them into the University of Southern California. They will be tried starting with jury selection on Sept. 28 and opening statements on Oct. 5.

That group also includes Gamal Abdelaziz, Diane and Todd Blake, John Wilson, Homayoun Zadeh and Robert Zangrillo.

A second group of parents — Amy and Gregory Colburn, I-Hsin Chen, Elisabeth Kimmel, Marci Palatella and William McGlashan Jr. — are scheduled to be tried beginning Jan. 11.

Setting the trial dates last month, Judge Gorton underscored the importance of the fall dates due to "very serious accusations" by some parents that the government failed to disclose notes suggesting the college admissions scandal's mastermind told parents the funds they were paying him were legitimate donations, not bribes.

The revelation of the notes prompted ex-PIMCO Chief Executive Douglas Hodge, who was sentenced to a hefty nine months in prison after pleading guilty to playing a role in the scandal, to indicate he would seek to be resentenced.

Representatives for the government and counsel for the defendants either declined to comment or were not immediately available for comment Tuesday.

The government is represented by Eric S. Rosen, Alexia R. De Vincentis, Justin D. O'Connell, Kristen A. Kearney and Leslie Wright of the U.S. Attorney's Office for the District of Massachusetts.

Amy and Gregory Colburn are represented by David S. Schumacher, Jordan R.C. Kearney and Patric Hooper of Hooper Lundy & Bookman PC.

Gamal Abdelaziz is represented by Brian T. Kelly and Joshua C.H. Sharp of Nixon Peabody LLP and Donald J. Campbell of Campbell & Williams.

Diane and Todd Blake are represented by Stephen H. Sutro of Duane Morris LLP and David E. Meier, and Melinda L. Thompson of Todd & Weld LLP.

I-Hsin Chen is represented by Chase A. Scolnick, Jennifer L. Keller and Reuben Camper Cahn of Keller Anderle LLP.

Mossimo Giannulli is represented by Mark E. Beck of Mark Beck Law, Perry J. Viscounty, Roman Martinez, Sean M. Berkowitz and William J. Trach of Latham & Watkins LLP and George W. Vien Joshua N. Ruby of Donnelly Conroy & Gelhaar LLP.

Lori Loughlin is represented by David C. Scheper of Scheper Kim & Harris LLP and Perry J. Viscounty, Roman Martinez, Sean M. Berkowitz and William J. Trach of Latham & Watkins LLP.

Elisabeth Kimmel is represented by Eoin P. Beirne, Mark E. Robinson, R. Robert Popeo and Cory S. Flashner of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

Parent William McGlashan Jr. is represented by Jack W. Pirozzolo and Joan M. Loughnane of Sidley Austin LLP and by John C. Hueston and Marshall A. Camp of Hueston Hennigan LLP.

Marci Palatella is represented by Allen J. Ruby, Jack P. DiCanio, and Michael K. Loucks of Skadden Arps Slate Meagher & Flom LLP.

John Wilson is represented by Andrew E. Tomback, Michael Kendall and Yakov Malkiel of White & Case LLP.

Homayoun Zadeh is represented by Tracy A. Miner, Megan A. Siddall and Seth B. Orkand of Miner Orkand Siddall LLP.

Robert Zangrillo is represented by Martin G. Weinberg of the Law Offices of Martin G. Weinberg PC, Matthew L. Schwartz of Boies Schiller Flexner LLP, Nicholas C. Theodorou of Foley Hoag LLP and Michael Pabian of Michael Pabian Law Office LLC.

The case is U.S. v. Sidoo et al., case number 1:19-cr-10080, in U.S. District Court for the District of Massachusetts.

--Editing by Marygrace Murphy.

For a reprint of this article, please contact reprints@law360.com.

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