Consent Motion for Extension of Time to Submit Certain Pretrial Filings by Cortney Merritts — USA v. Merritts (Dkt. 28, D.D.C.)

Record facts

U.S. District Court for the District of Columbia · No. 1:25-cr-00076-JMC · Doc. 28 · 2025-11-20 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT 
 
FOR THE DISTRICT OF COLUMBIA 
 
 
UNITED STATES OF AMERICA, 
) 
Plaintiff, 
) 
 
) 
  
 v.                                                                  
 ) 
No. 1:25-CR-76-JMC 
 
) 
 
CORTNEY MERRITTS,  
) 
Defendant. 
) 
 
CONSENTED MOTION FOR 5-DAY EXTENSION OF DEADLINE FOR PARTIES 
TO SUBMIT CERTAIN PRETRIAL FILINGS 
 
Defendant Cortney Merritts (“Merritts”), by and through undersigned counsel Justin K. 
Gelfand and the law firm Margulis, Gelfand, DiRuzzo & Lambson, respectfully submits this 
Consented Motion for a 5-day extension of the deadline for the parties to submit certain pretrial 
filings. 
On March 20, 2025, Merritts was charged in an indictment with two counts of wire fraud, in 
violation of 18 U.S.C. § 1343. (ECF No. 1) The indictment also contains a forfeiture allegation. 
Merritts has pled not guilty to each count and has denied the forfeiture allegation. 
On June 27, 2025, the Court issued a Pretrial Order setting deadlines relating to the January 
12, 2026, trial. (ECF No. 14.) Pursuant to that Order, on November 7, 2025, the parties each filed 
multiple motions in limine. Oppositions to the motions in limine, as well as the parties’ Joint Pretrial 
Statement, were initially due November 14, 2025. As part of the Joint Pretrial Statement, the parties 
are required to submit a joint proposed statement of the case, proposed voir dire questions, proposed 
jury instructions, a proposed verdict form, exhibit lists, and written objections regarding any disputed 
material. 
In anticipation of the November 14, 2025, deadline for the parties to file oppositions to the 
motions in limine and their Joint Pretrial Statement, the parties determined they needed additional 
time to meet and confer and finalize their submissions. Accordingly, on November 13, 2025, the 
Case 1:25-cr-00076-JMC     Document 28     Filed 11/20/25     Page 1 of 3

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parties jointly requested a one-week extension of the deadline for these filings. (ECF No. 27.) The 
Court granted the Motion in a Minute Order, extending the deadline for filing oppositions to the 
motions in limine and the Joint Pretrial Statement by 1 week from November 14, 2025, to November 
21, 2025. 
On November 18, 2025, the undersigned counsel for Defendant Merritts was scheduled to 
begin a jury trial in Saint Louis, Missouri, but that trial was unexpectedly delayed due to an inmate 
transportation issue, requiring the undersigned counsel to appear in both Missouri state court and the 
U.S. District Court for the Eastern District of Missouri in order to resolve. As a result, undersigned 
counsel faced unexpected conflicts that have prevented finalization of Defendant Merritts’ 
opposition to the pending motions in limine and have impeded Merritts’ counsel from being able to 
meet and confer with Assistant U.S. Attorney Kelly regarding the Joint Pretrial Statement in advance 
of the November 21, 2025, deadline. 
Due to the unforeseen scheduling issues that arose this week for Defendant Merritts’ counsel, 
Defendant Merritts respectfully requests an additional five-day extension, up to and including 
November 26, 2025, for the parties to file (1) oppositions to the motions in limine, and (2) the Joint 
Pretrial Statement. All other deadlines in the Pretrial Order would remain unchanged. This request 
for a 5-day extension of the filing deadline is not intended for the purposes of delay or to prejudice 
any party. Undersigned counsel has conferred with Assistant U.S. Attorney Kelly, who consents to 
the requested extension. The parties have been working together in good faith to limit the Court’s 
intervention in pretrial disputes when possible and will continue to do so. 
WHEREFORE, Defendant Cortney Merritts respectfully requests that this Court grant his 
consented motion for a five-day extension of time, up to and including November 26, 2025, for the 
parties to file oppositions to the motions in limine and the Joint Pretrial Statement, with all other 
deadlines remaining unchanged. 
Case 1:25-cr-00076-JMC     Document 28     Filed 11/20/25     Page 2 of 3

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Respectfully submitted, 
 
Margulis Gelfand DiRuzzo & Lambson, LLC 
 
 /s/ Justin K. Gelfand 
 
 
 
  
 
JUSTIN K. GELFAND (D.C. Bar 90023996) 
JOSEPH A. DIRUZZO, III 
1325 G St., NW, Suite 500 
Washington, DC 20005  
Telephone: 314.390.0234  
Facsimile: 314.485.2264  
justin@margulisgelfand.com 
jg@margulisgelfand.com 
  
Certificate of Service 
 
I hereby certify that the foregoing was filed electronically with the Clerk of the Court to be 
served by operation of the Court’s electronic filing system upon the Office of the United States 
Attorney and all other counsel in this case. 
 
 
 /s/ Justin K. Gelfand 
 
 
 
  
JUSTIN K. GELFAND (D.C. Bar 90023996) 
JOSEPH A. DIRUZZO, III 
1325 G St., NW, Suite 500 
Washington, DC 20005  
Telephone: 314.390.0234  
Facsimile: 314.485.2264  
justin@margulisgelfand.com 
jg@margulisgelfand.com 
Case 1:25-cr-00076-JMC     Document 28     Filed 11/20/25     Page 3 of 3

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