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United States v. Furman

United States District Court, D. Minnesota

October 23, 2019

United State of America, Plaintiff,
v.
Ruslan Furman, Defendant.

          Julie E. Allyn, Assistant United States Attorney, United States Attorney's Office, (for the Government);

          James E. Ostgard, II, Ostgard Law Office, (for Defendant).

          ORDER

          TONY N. LEUNG, UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court, United States Magistrate Judge Tony N. Leung, on the following motions:

1. Government's Motion for Discovery Pursuant to Federal Rules of Criminal Procedure 16(b), 12.1, 12.2, 12.3 and 26.2 (ECF No. 33);
2. Defendant's Motion for Disclosure of Rule 404 Evidence (ECF No. 41);
3. Defendant's Motion for Disclosure of Impeaching Information and Exculpatory Evidence (ECF No. 42);
4. Defendant's Motion for Disclosure of Information Relating to Experts, Forensic Testing (ECF No. 44);
5. Defendant's Motion for Disclosure of Identities of Informants (ECF No. 45);
6. Defendant's Motion for Disclosure Pursuant to Rule 16 (ECF No. 46); and
7. Defendant's Motion for Grand Jury Transcripts of Witnesses Testifying at Motion Hearing (ECF No. 47).

         These pretrial motions were set for a hearing on October 3, 2019. (ECF No. 51.) On October 2, the parties filed a stipulation entitled “Stipulations With Respect to Pre-Trial Motions” (“Stipulation”) (Stip., ECF No. 68) that set forth certain agreements by the parties with respect to the pretrial motions and requested that the hearing be struck.[1]In accordance with the parties' agreement, the Court struck the hearing and took the motions under advisement on October 2. (ECF No. 69.)

         Based upon the record and memoranda, IT IS HEREBY ORDERED as follows:

         1. The Government's Motion for Discovery Pursuant to Federal Rules of Criminal Procedure 16(b), 12.1, 12.2, 12.3, and 26.2 (ECF No. 33) is GRANTED IN PART and DENIED IN PART. The motion seeks discovery available under Federal Rules of Criminal Procedure 12.1, 12.2, 12.3, 16(b), and 26.2 as well as the establishment of deadlines for the disclosure of principal and rebuttal expert witnesses. Defendant has no objection to the Government's motion. (Stip. ¶ 1.) In the Stipulation, the parties agreed to reciprocal expert disclosures “as such opinions become available and no later than 14 days prior to trial.” (Stip. ¶ 5.) The parties additionally stated that they “do not anticipate the likelihood of rebuttal experts at this time.” (Stip. ¶ 1.) ...


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