Opinion
23-cr-27 (ECT/TNL)
07-14-2023
United States of America, Plaintiff, v. Dodzi Kwame Kordorwu, Defendant.
ORDER
TONY N. LEUNG, UNITED STATES MAGISTRATE JUDGE
This matter comes before the Court on the parties' Joint Motion for Continuance of Motion Filing Date and Motion Hearing. ECF No. 23. Defendant also filed a Statement of Facts in Support of Exclusion of Time Under the Speedy Trial Act (“Statement of Facts”). ECF No. 24.
The parties request a 90-day extension of the motions filing date (July 14, 2023) and motions hearing date (August 9, 2023). ECF No. 23 at 1. The parties state that they need additional time to review the extensive discovery present in this case and confer to explore resolution of this matter. Id. Further, Defendant contends that he needs additional time to meet with his counsel to discuss his options. Id. In his Statement of Facts, Defendant requests that this period of time be excluded from computation under the Speedy Trial Act. ECF No. 24; see also ECF No. 23 at 1.
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. Thus, the Court will grant the parties' joint request for a 90-day extension of the motions filing date and motions hearing date.
Based on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. The parties' Joint Motion for Continuance of Motion Filing Date and Motion Hearing, ECF No. 23, is GRANTED.
2. The period of time from the date of this Order through October 12, 2023, 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 October 12, 2023. 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 October 12, 2023, if no motions will be filed and there is no need for a hearing.
5. All responses to motions shall be filed by October 26, 2023. D. Minn. LR 12.1(c)(2).
6. Any Notice of Intent to Call Witnesses shall be filed by October 26, 2023. D. Minn. LR 12.1(c)(3)(A).
7. Any Responsive Notice of Intent to Call Witnesses shall be filed by October 31, 2023. D. Minn. LR 12.1(c)(3)(B).
8. A motions hearing will be held pursuant to Federal Rules of CriminalProcedure 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 November 6, 2023, at 10:00 a.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 Eric C. Tostrud'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: tostrud_chambers@mnd.uscourts.gov.
Judge Tostrud will hold a final pretrial on a date to be determined in Courtroom 3B, 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 Tostrud in Courtroom 3B, 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 Tostrud to confirm the new trial date.