Scheduling Order granting an extension of time to file pretrial motions — USA v. Harun (Dkt. 67, S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia · No. 3:22-cr-00009-DHB-BKE · Doc. 67 · 2022-09-28 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT 
 
FOR THE SOUTHERN DISTRICT OF GEORGIA 
 
DUBLIN DIVISION 
 
UNITED STATES OF AMERICA         
) 
 
) 
 
v. 
) 
 
CR 322-009 
 
 
) 
GLADYS HARUN  
 
 
 
) 
 
 
__________ 
 
O R D E R 
__________ 
 
In consideration of the oral motion made by newly retained defense counsel at the 
arraignment on the superseding indictment in this case, the Court GRANTS an extension of 
time for filing Defendant’s pretrial motions.  All pretrial motions must be filed within one 
hundred twenty days of the date of arraignment.  The government shall have fourteen days to 
respond to any defense motion, except that in multiple-defendant cases the government may 
file a joint response within fourteen days after all defense motions have been filed.  
Furthermore, any motions by the government related to pretrial discovery must be filed at the 
time of the government’s joint response to defense motions.  Counsel shall file a separate 
motion for each relief sought and not file a consolidated motion. 
The Court finds, as a matter of fact and law, that the extended motions period given 
herein is not for the purpose of delay, but in the furtherance of justice, and to protect 
Defendant’s right to a fair trial given the timing and volume of discovery produced by the 
government.  The Court also finds that the extension is for the purpose of allowing reasonable 
time necessary, assuming the exercise of due diligence, for the effective preparation of defense 
counsel.  Therefore, pursuant to 18 U.S.C. § 3161(h)(7), the Court finds that the ends of justice 
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served by granting an extended motions period outweigh the best interests of the public and 
Defendant in a speedy trial.  The period of delay resulting from this extension - September 27, 
2022, through and including January 25, 2023 - is excluded in computing the time within which 
the trial of this matter may commence. 
 
Pretrial motions received by the Clerk outside the required period shall not be filed 
without leave of Court.  Untimely motions will not be considered absent a showing of good 
cause for failure to file within the time set by the Court.   
 
The government and defense counsel are reminded of their responsibility under Local 
Criminal Rule 16.1 to confer regarding discovery in this case.  In light of the government’s 
customary practice of providing liberal discovery, many (if not all) of the routine discovery 
motions filed by a defendant may be satisfied without the need for Court intervention.  The 
Court will conduct a motions hearing to consider any unresolved motions.  Prior to scheduling 
any such hearing, the Court will ask the parties to specify which motions (if any) remain in 
dispute. 
Pursuant to the Due Process Protections Act, the Court confirms the government’s 
obligation to produce all exculpatory evidence to Defendant pursuant to Brady v. Maryland, 
373 U.S. 83 (1963), and its progeny, and ORDERS it to do so.  Failing to do so in a timely 
manner may result in consequences, including but not limited to exclusion of evidence, adverse 
jury instructions, dismissal of charges, contempt proceedings, or sanctions by the Court. 
 
If the government intends to use at trial evidence of “other crimes, wrongs or acts” 
under Federal Rule of Evidence 404(b), it must comply with the Court’s Local Rules regarding 
this type of evidence.  Loc. Crim. R. 16.2; see also Loc. Crim. R. 12.3.  If the government 
intends to use 404(b) evidence, its notice, in whatever form the government chooses to use, 
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must be filed within twenty days after the arraignment and must outline in general form the 
evidence to be offered and provide a memorandum of law stating the purpose(s) for which the 
evidence will be offered and case law supporting the government’s position.  
 
Unless otherwise instructed by the presiding District Judge, counsel are instructed to 
file all requests to charge and proposed voir dire questions at least seven days before jury 
selection.  Counsel representing indigent clients must make their requests for witness 
subpoenas or writs for the production of prisoner witnesses at least ten work days before the 
evidentiary hearing or trial, whichever is applicable.  Counsel’s requests for witness subpoenas 
must articulate specific facts demonstrating both the relevancy and necessity of the requested 
witnesses’ testimony.  United States v. Rinchack, 820 F.2d 1557, 1566 (11th Cir. 1987).   
 
Finally, defense counsel is reminded that dissemination of discovery material beyond 
that necessary to the preparation of the defense is prohibited by Local Criminal Rule 16.1.  
Any discovery material turned over to the defendant shall be maintained by the defendant and 
not further disseminated.  Failure to comply with the terms of this Order regarding 
dissemination of discovery material may result in contempt proceedings. 
SO ORDERED this 28th day of September, 2022, at Augusta, Georgia. 
 
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