Minute Entry for proceedings held before Judge John L. Badalamenti:… — Casey David Crowther (Dkt. 38)

Summary

A two-page Minute Entry, Document 38, filed 11/09/20 in United States of America v. Casey David Crowther, Case No. 2:20-cr-114-FtM-66MRM, in the United States District Court, Middle District of Florida, Fort Myers Division, for a status conference by Zoom video conference on November 9, 2020 before United States District Judge John L. Badalamenti. The entry records the defense stating that the government filed a Superseding Indictment and that the defendant plans to file another motion to dismiss Counts 1 through 4 of it; the Court rules on the Motion to Dismiss the Indictment, [25], as denied as moot. It continues the trial to the January 2021 trial term, sets a status conference for December 14, 2020 at 1:30 PM, finds time excludable under 18 U.S.C. § 3161(h), and directs Magistrate Judge McCoy to issue a new scheduling order.

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Case 2:20-cr-00114-JES-M_M      Document 38 Filed 11/09/20        Page 1 of 2 PageID
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                      UNITED STATES DISTRICT COURT
                       MIDDLE DISTRICT OF FLORIDA
                          FORT MYERS DIVISION

UNITED STATES OF AMERICA

v.                                         CASE NO: 2:20-cr-114-FtM-66MRM

CASEY DAVID CROWTHER
                                /

                    Status Conference via Zoom video conference

 Presiding Judge:            United States District Judge John L. Badalamenti
 Counsel for Plaintiff(s):   Trenton Reichling
 Counsel for Defendant(s):   Nicole Hughes Waid and Brian Dickerson


 Date:                       November 9, 2020
 Deputy Clerk:               Shelley Giauque
 Court Reporter:             Jeff Thomas
 Interpreter:                n/a



Start Time: 1:53 PM

Court calls case. Counsel enter appearances.

Ms. Waid advises the court that the government filed a Superseding Indictment,
and they just received the discovery last Friday. They have reviewed the discovery
with their client.

Previous Motion to Dismiss the Indictment is now moot due to the Superseding
Indictment. Defendants are planning to file another motion to dismiss just Counts
1 through 4 of the Superseding Indictment. The defense believes that they are
ready to proceed to trial in December.

Mr. Reichling notes that another response would need to be filed to address the
Motion to Dismiss the Superseding Indictment. Also notes that the government has
several witnesses that are out of the state. Mr. Reichling notes that the estimated
length of trial would be between one and two weeks. There might be travel
restrictions with witnesses, due to coronavirus, not to mention the holidays.
Case 2:20-cr-00114-JES-M_M       Document 38 Filed 11/09/20       Page 2 of 2 PageID
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The Court rules on the [25] Motion to Dismiss the Indictment – denied as moot.
The docket will reflect by way of endorsed order. The Court notes that we have new
charges, but we do not have new deadlines set. We need a new scheduling order.
Defendant is on bond.

Mr. Reichling notes that his witnesses will be traveling from Georgia, Colorado,
Michigan.

The defense is still requesting a date certain in December; but understands that
there may be travel restrictions. The defense is willing to be as amenable as
possible.

The Court is going to issue a new scheduling order that is going to shift a lot of
dates here, which is going to push past the 12/1/2020 current trial term. The Court
is going to continue the trial to the January 2021 trial term. Will set a status
conference for 12/14/2020 at 1:30 PM.

The Court finds that the ends of justice served by granting such a continuance
outweigh the best interest of the public and the defendant in a speedy trial. The
Court, therefore, determines that the time from today until the end of the January
2021 trial term shall be "excludable time" pursuant to 18 U.S.C. § 3161(h). Jury
Trial is set for the January 2021 trial term commencing 1/4/2021 in Ft. Myers
Courtroom 6B before Judge John L. Badalamenti; A status conference is scheduled
for December 14, 2020 at 1:30 PM.

Ms. Waid notes that they just received the discovery on Friday and reviewed it over
the weekend, and at this point in time the defendant wants to proceed with trial.
Counsel will be happy to have conversations with Mr. Reichling.

The Court directs Magistrate Judge McCoy to issue a new scheduling order, in light
of the Superseding Indictment.

Court advises counsel to file a motion if there is anything that has been missed.


End time:    2:10 PM




                                        -2-


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