United States District Court, D. Minnesota
N. Leung United States Magistrate Judge
matter comes before the Court on the Government's Motion
for Extension of the Discovery Due Date (ECF No. 33). The
Government requests an approximately one-week extension of
the time to make its disclosures. The Government states that
11 search warrants were executed on December 20, 2018, and it
“is still in the process of cataloguing all of the
evidence seized pursuant to the search warrants.” (ECF
No. 33 at 1.) The Government's efforts to assemble its
disclosures have been further “complicated by the
ongoing partial federal shutdown as well as the Christmas and
New Year's holidays.” (ECF No. 33 at 1.) The
Government proposes extending certain deadlines in the
December 28, 2018 Arraignment Order (ECF No. 31), and takes
the position that the motions hearing scheduled for February
11, 2019 need not be continued.
e-mail, the Court inquired as to Defendants' positions
with respect to the Government's motion. Defendants do
not object to the Government's request for a continuance,
but request that the motions hearing be continued as well so
as not to “truncate the period during which many
important defense functions are completed.” (ECF No. 42
at 1; see ECF No. 36, 38.) Defendants additionally
note that the Protective Order (ECF No. 46) requested by the
Government will further impact their ability to consult with
their respective counsel. Defendants assert that an extension
of the other pretrial deadlines without a corresponding
extension of the motions hearing will “shorten the
amount of time counsel has to prepare . . . [their
respective] defense[s], and ultimately shorten the amount
of time for very important decisions to be made.” (ECF
No. 36 at 1; see ECF No. 38, 42.)
to 18 U.S.C. § 3161(h), this Court finds that the ends
of justice served by granting a continuance outweigh the best
interests of the public and Defendants in a speedy trial and
such continuance is necessary to provide the parties and
their respective counsel the time necessary for effective
preparation and to make efficient use of the parties'
resources. The Court further finds that such continuance is
not due to a lack of diligent preparation. Based on all the
files, records, and proceedings herein, IT IS HEREBY
Government's Motion for Extension of the Discovery Due
Date (ECF No. 33) is GRANTED.
period of time from January 1 through February 28,
2019, shall be excluded from Speedy Trial Act
computations in this case.
government must make all disclosures required by Federal Rule
of Criminal Procedure 16(a) by January 24,
2019. D. Minn. LR 12.1(a)(1). In order to avoid the
need for a recess of the motions hearing, the government is
requested to make, by January 24, 2019, all
disclosures which will be required by Fed. R. Crim. P. 26.2
Defendant must make all disclosures required by Federal Rule
of Criminal Procedure 16(b) by January 31,
2019. D. Minn. LR 12.1(a)(2).
motions in the above-entitled case shall be filed and served
consistent with Federal Rules of Criminal Procedure 12(b) and
47 on or before February 7, 2019. D. Minn.
LR 12.1(c)(1). Two courtesy copies of all motions and
responses shall be delivered directly to the chambers of
Magistrate Judge Leung.
Counsel shall electronically file a letter on or
before February 7, 2019, if no motions will be filed and
there is no need for hearing.
responses to motions shall be filed by February 21,
2019. D. Minn. LR 12.1(c)(2).
Notice of Intent to Call Witnesses shall be filed by
February 21, 2019. D. Minn. LR.
Responsive Notice of Intent to Call Witnesses shall be filed
by February 25, ...