Opinion
24-cr-70 (JWB/TNL)
04-11-2024
United States of America, Plaintiff, v. Ashley Anne Dyrdahl, Defendant.
ORDER
Tony N. Leung, United States Magistrate Judge.
This matter comes before the Court on Defendant Ashley Anne Dyrdahl's Motion for Continuance of Motion Filing Date and Motion Hearing, ECF No. 17. Defendant filed a Statement of Facts in Support of Exclusion of Time Under Speedy Trial, ECF No. 18. Defendant requests a 60-day extension of the deadline for filing pretrial motions (April 19, 2024) and the motions hearing date (May 10, 2024) to give Defendant's counsel sufficient time to review the voluminous amount of discovery in this case. See ECF No. 17. In her Statement of Facts, Defendant also requests the Court to exclude the period of time from April 9, 2024 through the new deadline to file pretrial motions (June 18, 2024) from the Speedy Trial Act computations. See ECF No. 18. The Government does not oppose the requests. See ECF No. 17.
Pursuant 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 Defendant in a speedy trial, and such continuance is necessary to provide the parties and their counsel reasonable time necessary for effective preparation and to make efficient use of the parties' resources.
Based on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. Defendant's Motion for Continuance of Motion Filing Date and Motion Hearing, ECF No. 17, is GRANTED.
2. The period of time from April 9, 2024 through June 18, 2024, shall be excluded from Speedy Trial Act computations in this case.
3. All 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 June 18, 2024. 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 Tony N. Leung.
4. Counsel shall electronically file a letter on or before June 18, 2024, if no motions will be filed and there is no need for a hearing.
5. All responses to motions shall be filed by July 2, 2024. D. Minn. LR 12.1(c)(2).
6. Any Notice of Intent to Call Witnesses shall be filed by July 2, 2024. D. Minn. LR 12.1(c)(3)(A).
7. Any Responsive Notice of Intent to Call Witnesses shall be filed by July 8, 2024. D. Minn. LR 12.1(c)(3)(B).
8. A motions hearing will be held pursuant to Federal Rules of Criminal Procedure 12(c) where:
a. The Government makes timely disclosures, and a defendant pleads particularized matters for which an evidentiary hearing is necessary; or
b. Oral argument is requested by either party in its motion, objection or response pleadings.
9. If required and subject to further order of the Court, the motions hearing shall be heard before Magistrate Judge Tony N. Leung on July 15, 2024, at 1:30 p.m., in Courtroom 9W, Diana E. Murphy U.S. Courthouse, 300 South Fourth Street, MINNEAPOLIS, Minnesota 55415. D. Minn. LR 12.1(d).
10. TRIAL:
a. IF NO PRETRIAL MOTIONS ARE FILED BY DEFENDANT: the following trial and trial-related dates are:
Counsel should submit two hard copies of trial briefs, voir dire, proposed jury instructions, exhibit and witness lists, and trial-related motions (including motions in limine) to District Judge Jerry W. Blackwell's chambers on or before a date to be determined. In addition, counsel should email the proposed jury instructions and exhibit and witness lists to: blackwellchambers@mnd.uscourts.gov.
Judge Blackwell will hold a final pretrial on a date to be determined in Courtroom 3C, Warren E. Burger Federal Building and U.S. Courthouse, 316 North Robert Street, SAINT PAUL, Minnesota.
This case must commence trial on a date to be determined before District Judge Blackwell in Courtroom 3C, Warren E. Burger Federal Building and U.S. Courthouse, 316 North Robert Street, SAINT PAUL, Minnesota.
b. IF PRETRIAL MOTIONS ARE FILED, the trial date, and other related dates, will be rescheduled following the ruling on pretrial motions. Counsel must contact the Courtroom Deputy for District Judge Blackwell to confirm the new trial date.