Joint Letter Proposing a Schedule for Discovery and the Filing of Motions — United States v. Bicher (Dkt. 14)

Summary

Letter, Document 14, filed 11/01/22, in Case 1:22-cr-00589-LGS, to the Honorable Lorna G. Schofield in United States v. Konrad Bicher, responding to the Court's order dated October 28, 2022. The parties propose that the Government produce Rule 16 discovery by November 15, 2022, that defense counsel file motions by December 15, 2022, and that the Government respond by December 29, 2022. They give January 24, January 25, or January 26, 2023 as available status conference dates and ask that time be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7). A footnote says the Government is unlikely to produce an identified data set from the defendant's cell phone by November 15. The signature block names Matthew Weinberg, and counsel for the defendant does not object.

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         Case 1:22-cr-00589-LGS Document 14 Filed 11/01/22 Page 1 of 2
                                         U.S. Department of Justice
[Type text]
                                                       United States Attorney
                                                       Southern District of New York
                                                       The Silvio J. Mollo Building
                                                       One Saint Andrew’s Plaza
                                                       New York, New York 10007


                                                       November 1, 2022

BY ECF AND EMAIL
The Honorable Lorna G. Schofield
United States District Judge
Southern District of New York
40 Foley Square
New York, NY 10007

       Re:      United States v. Konrad Bicher, 22 Cr 589 (LGS)

Dear Judge Schofield:

        The parties write in response to the Court’s order dated October 28, 2022 in the above-
captioned matter, directing the parties to file a joint letter “proposing a schedule for discovery, the
filing of motions, and three proposed dates for a status conference.” (ECF No. 11.) The parties
have conferred and propose the following schedule:

       •     The Government will produce discovery pursuant to Rule 16 of the Federal Rules of
             Criminal Procedure by Tuesday, November 15, 2022, with any Rule 16 discovery
             received thereafter to be produced on a rolling basis. 1

       •     Defense counsel will file any motions within 30 days, i.e., by Thursday, December 15,
             2022.

       •     The Government will respond to any motions within 14 days, i.e., by Thursday,
             December 29, 2022.

       •     The parties are available for a status conference on January 24, January 25, or January
             26, 2023.

         In addition, the Government requests that the Court exclude time between today’s date and
the date of the scheduled status conference pursuant to the Speedy Trial Act, in the interests of
justice, see 18 U.S.C. § 3161(h)(7), so that the parties may prepare, produce, and review discovery,

1
  On July 8, 2022, the Government obtained a warrant to search the cell phone seized from the
defendant at the time of his arrest. The Government has explained to defense counsel that it will
produce a copy of the warrant and supporting affidavit and a full copy of the defendant’s phone
by November 15. However, because of the time it took the Government to access and extract data
from the phone, the amount of data on the phone, and a lengthy and ongoing privilege review, the
Government has not completed its review of the phone and is unlikely to produce a set of identified
data seized pursuant to the warrant by November 15. The Government is working expeditiously
to complete its review of the phone, and will produce the identified data set as soon as practicable.
         Case 1:22-cr-00589-LGS Document 14 Filed 11/01/22 Page 2 of 2

 November 1, 2022
 Page 2

the defendant may consider and prepare any necessary motions, and the parties may engage in
discussions regarding a pretrial resolution. Counsel for defendant does not object to this
application.


                                                    Respectfully submitted,

                                                    DAMIAN WILLIAMS
                                                    United States Attorney for the
                                                    Southern District of New York


                                                By: _______________________
                                                    Matthew Weinberg
                                                    Assistant United States Attorney
                                                    (212) 637-2386


cc (by ECF and Email):     Howard Schumacher, Esq.
                           Daniel Rosenberg, Esq.


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