Opinion
No. 03-40054-01-SAC
March 23, 2004
MEMORANDUM AND ORDER
The case comes before the court on the defendant Molly Meier's following pretrial motions: Motion for Disclosure of 404(b) Evidence (Dk. 19) and Motion to Disclose Expert Testimony (Dk. 20). The defendant Meier has filed three other pretrial motions all of which seek in limine rulings on the admissibility of certain evidence at trial. (Dks. 21, 22 and 23). The court will set a deadline later for the filing of all in limine motions. The defendant Meier does not articulate in her motions in limine any reasons for deciding them now rather than closer to the time of trial. Thus, the court takes under advisement the defendant Meier's pending motions in limine and will decide them together with any subsequently filed motions in limine.
In response to the 404(b) motion, the government says it has no objection to providing the requested notice thirty days prior to trial. (Dk. 25). In response to motion for discovery of expert testimony, the government agrees to provide this information forty-five days prior to trial rather than the sixty days before trial requested by the defendant. (Dk. 26). The court directs the government to provide the requested expert testimony information fifty days prior to trial.
IT IS THEREFORE ORDERED that based on government's response, the defendant Meier's Motion for Disclosure of 404(b) Evidence (Dk. 19) is denied as moot;
IT IS FURTHER ORDERED that based on the government's response, the defendant Meier's Motion to Disclose Expert Testimony (Dk. 20) is denied as moot except that the government shall provide the requested information fifty days before trial;
IT IS FURTHER ORDERED that the defendant Meier's motions in limine (Dks. 21, 22 and 23) are taken under advisement to be decided together with any subsequently filed motions in limine;
IT IS FURTHER ORDERED that the hearing on the above motions scheduled for March 30, 2004, at 10:00 a.m. is cancelled as unnecessary.