Opinion
No. 04-20017-DV.
October 26, 2004
Before the court is the October 22, 2004 motion of the defendant, Rande Lazar, requesting an enlargement of time to file reply briefs to the government's response briefs to Lazar's pretrial motions. The motion was referred to the United States Magistrate Judge for a determination.
By order of September 28, 2004, United States District Judge Bernice Donald extended the period of time for the government to respond to Lazar's pretrial motions until October 30, 2004. Since that time, the government has filed various responses to those motions along with several of its own motions. With the number of response briefs and motions now pending, the court can find no prejudice to the government in allowing Lazar time to file reply briefs to the government's responses to his pretrial motions.
At this time, there are only three pending motions (excluding suppression motions which will be addressed by a separate order) to which the government has responded and to which Lazar should be allowed an opportunity to file a reply brief. These motions are: (1) Defendant's Omnibus Discovery Motion, Docket #72; (2) Defendant's Motion for a Hearing Pursuant to Franks v. Delaware as to Two Search Warrant Affidavits, Dated October 9, 2002, Docket # 77; and (3) Defendant's Motion to Dismiss Indictment Based on Unconstitutional General Instructions to the Grand Jury and for Leave to File, Docket # 89.
For good cause shown, Lazar's motion is granted as to these three motions. Lazar may file with the court and serve on the government replies to these three motions on or before Monday, November 15, 2004, at 5:00 p.m.
IT IS SO ORDERED.