Interim Status Report — No. 1:21-cr-10162 (Dkt. 60, D. Mass.)

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An interim status report by United States Magistrate Judge Judith Gail Dein in United States v. Dana L. McIntyre, Criminal No. 21-10162-DJC, in the U.S. District Court for the District of Massachusetts, dated and filed April 26, 2022 as Document 60. It records the status of discovery and motions under Local Rule 116.5(b) and orders excludable time under the Speedy Trial Act from April 26, 2022 through June 16, 2022. It states that it is too early to know whether a trial will be necessary and that the parties estimate a trial would last 4-5 days.

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Case 1:21-cr-10162-DJC Document 60 Filed 04/26/22 Page 1 of 2



                                    UNITED STATES DISTRICT COURT
                                     DISTRICT OF MASSACHUSETTS
CRIMINAL No.
21-10162-DJC
                                      UNITED STATES OF AMERICA
                                                    v.
                                           DANA L. McINTYRE
                                        INTERIM STATUS REPORT
                                              April 26, 2022
DEIN, M.J.
        An Interim Status Conference was scheduled to be held remotely before this court on April 26,

2022 pursuant to the provisions of Local Rule 116.5(b), but with the court’s consent the parties

proceeded by way of a Joint Initial Status Report. Based on that Report, this court enters the following

report and orders to wit:

    1. The defendant is in the process of reviewing the documents produced by the government to
       date and has requested time to submit financial discovery to a forensic accountant.

    2. The government was unable to make its anticipated discovery production and is in the process
       of converting the documents to a format that is reviewable by the defendant. The defendant is
       continuing to review the discovery and will determine whether to request additional discovery.

    3. The date for filing discovery and/or dispositive motions shall be set at the next status
       conference.

    4. The government shall provide its expert disclosures 90 days prior to trial. The defendant will
       produce his expert disclosures 30 days prior to trial.

    5. This court finds and concludes, pursuant to the provisions of 18 U.S.C. § 3161(h)(7)(A) and
       Section 5(b)(7)(B) of the Plan for Prompt Disposition of Criminal Cases in the United States
       District Court for the District of Massachusetts (Statement of Time Limits Adopted by the Court
       and Procedures for Implementing Them, Effective December 2008) that the defendant requires
       additional time for the preparation of an effective defense, including time for review of the
       evidence, preparation of motions, and consideration of alternatives concerning how best to
       proceed with this matter, and that the interests of justice outweighs the best interests of the
       public and the defendant for a trial within seventy days of the return of an indictment.
       Accordingly, it is hereby ordered that the Clerk of this Court enter excludable time for the period
       of April 26, 2022 through June 16, 2022, that being the period between the expiration of the last
       order of excludable time and the next status conference.
        Based upon the prior orders of the court dated June 2, 2021, July 29, 2021, September 21, 2021,
        November 29, 2021, January 13, 2022, March 25, 2022, and the order entered

       Case 1:21-cr-10162-DJC Document 60 Filed 04/26/22 Page 2 of 2



    contemporaneously herewith, at the time of the Final Status Conference on June 16, 2022, there
    will be zero (0) days of non-excludable time under the Speedy Trial Act and seventy (70) days
    will remain under the Speedy Trial Act in which this case must be tried.
6. A Final Status Conference has been scheduled for June 16, 2022 at 10:00 a.m. Counsel for the
   respective parties shall file a Joint Memorandum before the close of business no less than
   THREE business days prior to that Status Conference.
7. It is too early to determine if a trial will be necessary. The parties estimate a trial would last 4-5
   days.
                                                / s / Judith Gail Dein
                                              JUDITH GAIL DEIN
                                              UNITED STATES MAGISTRATE JUDGE




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