Order to Continue Jury Trial and Related Case Deadlines — United States v. Baver (Dkt. 21, D. Utah)

Summary

An Order to Continue Jury Trial and Related Case Deadlines in United States of America v. Allison Marie Baver, Case No. 2:21-cr-00520, in the U.S. District Court for the District of Utah, dated February 16, 2022 and signed by District Judge Jill N. Parrish. Acting on a stipulated motion, the court finds that the defendant first appeared on January 18, 2022, that she has received approximately 2.2 GB of discovery, and that this is her first request to continue. The order continues the 4-day jury trial from March 28, 2022 to September 26, 2022 and excludes that period under 18 U.S.C. § 3161(h)(7)(A). It sets motions due 30 days before trial and the plea agreement due 14 days before trial.

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Case 2:21-cr-00520-JNP Document 21 Filed 02/16/22 PageID.96 Page 1 of 4
                                                                                   FILED
                                                                            2022 FEB 16 AM 11:45
                                                                                  CLERK
                                                                            U.S. DISTRICT COURT



                          IN THE UNITED STATES DISTRICT COURT
                                    DISTRICT OF UTAH


 UNITED STATES OF AMERICA,
                                                     ORDER TO CONTINUE JURY TRIAL
                         Plaintiff,                   AND RELATED CASE DEADLINES

 v.

 ALLISON MARIE BAVER,                                          Case No. 2:21-cr-00520
                                                                Judge Jill N. Parrish
                         Defendant.


         Based on the Stipulated Motion to Continue Jury Trial filed, in the above-entitled case,

and for good cause appearing, the court makes the following findings:

      1. The Defendant first appeared before the Court on January 18, 2022, for her initial

appearance and arraignment on the Indictment returned in this matter. The Court set the initial

trial date on March 28, 2022, which was within the 70-day time period.

      2. The court ordered that discovery was to be produced by the United States on January 19,

2022.

      3. On January 19, 2022, the United States provided some discovery to Defendant.

      4. On February 2, 2022, the United States provided more discovery to Defendant. In all,

Defendant has received approximately 2.2 GB of discovery, which includes several hours of

interviews.

      5. On December 14, 2021, Mr. Nerdin’s counsel provided the United States with a 3 TB

external drive and are awaiting the discovery.

      6. On February 9, 2022, the Court issued Court issued General Order 22-004, transitioning


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the federal courthouse in Salt Lake City to Phase 2 of the phased reopening plan beginning

February 14, 2022. Under this order the Court will hold up to one civil and one criminal jury trial

at a time.

    7. Defendant has moved to continue trial pursuant to 18 U.S.C. § 3161(h)(7)(B)(i) and

(B)(iv).

    8. This is the Defendant’s first request to continue trial in this matter.

    9. The length of delay requested is 6 months.

    10. On March 13, 2020, a National Emergency was declared in response to the nationwide

outbreak, which the World Health Organization has declared a global pandemic. The court

continues to monitor closely the state of the COVID-19 health crisis in Utah and around the

nation. Utah and the nation remain in the midst of the most serious global pandemic in over a

century. Globally, it is estimated that more than 180 million people have been infected, and

nearly 4,000,000 have died from the disease. The Judicial Conference of the United States has

found that emergency conditions due to the national COVID-19 crisis have affected and continue

to materially affect the functioning of the federal courts. State and federal courts are beginning to

carefully move toward safe reopening as condition in different regions of the country permit.

    11. Since the beginning of the pandemic, the Court has issued a series of COVID-19 related

orders, culminating most recently with General Order 22-004. Based on all of the available and

relevant data, including the numbers of daily new cases and hospitalizations, test positivity rates,

ICU capacity in Utah hospitals, the availability of vaccines and the vaccination rates, the

introduction and spread of several variants of the COVID-19 virus with unknown implications,

as well as enhanced treatment capabilities for those infected with COVID-19, the pandemic



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continues to present an ongoing health emergency in Utah.

    12. To protect the health of prospective jurors, government employees, and the Defendant,

the Court is currently only allowing one civil and one criminal jury trial at a time to proceed.

There is also a significantly reduced ability to obtain an adequate spectrum of jurors and

available counsel, witnesses, and court personnel to be present in the courtroom for trial.

Empaneling a jury, conducting a trial, and arranging jury deliberations, with due regard for

health and safety, considering the broad spectrum of participants and their contacts outside the

court, is not currently possible in the physical facilities available to the court for more than one

trial at a time. Thus, an “ends of justice” finding is necessary, and the Court should exclude the

time from March 28 2022, through the new trial date.

    13. In addition to these considerations, an “ends of justice” finding is also warranted because

the parties agree that they need additional time to receive and review the evidence in this case.

    14. Defendant is currently not in custody and does not object to continuing her trial for the

reasons above.

    15. Counsel for the government has been contacted and stipulates to the continuance.

    16. This continuance is not based on congestion of the court’s calendar, lack of diligent

preparation on the part of the attorney for the United States or the defense, or failure on the part

of the attorney for the United States to provide discovery as ordered.

        Based on the foregoing findings, the court concludes that failure to grant such a

continuance would result in a miscarriage of justice and would deny counsel for the Defendant

the reasonable time necessary for effective preparation, taking into account the exercise of due




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diligence. 1 Therefore, the ends of justice served by such a continuance outweigh the best

interests of the public and Defendant in a speedy trial. 2

            THEREFORE, the 4-Day Jury Trial previously scheduled to begin on March 28, 2022 is

hereby continued to the 26th day of September, 2022, at 8:30 a.m. Accordingly, the time period

of March 28, 2022 to September 26, 2022, is excluded in computing the time within which the

trial must commence. The continuance is justified under 18 U.S.C. §§ 3161(h)(7)(A) and

(h)(7)(B)(i) and (iv).

            The associated case deadlines are as follows. Motions are due 30 days prior to trial, the

plea agreement is due 14 days prior to trial, and the final pretrial conference is due 7 days prior

to trial.

            DATED this 16th day of February, 2022.

                                                         BY THE COURT:

                                                         ____________________________________
                                                         HON. JILL N. PARRISH
                                                         United States District Court Judge




1
    Id. § 3161(h)(7)(B)(i) and (iv).
2
    Id. § 3161(h)(7)(A).



SLC_1038373.1

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