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United States v. Baxter

June 9, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RICKEY A. BAXTER, DEFENDANT.



The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

District Judge Thomas M. Rose

ORDER FOR SUPPLEMENTAL BRIEFING

This case is before the undersigned upon initial reference from District Judge Rose. The Magistrate Judge has reviewed Defendant's Notice Regarding Discovery (Doc. No. 20) and the transcript of the ex parte hearing held before Judge Rose on March 29, 2006. Having done so, the Magistrate Judge is unsure of the propriety of deciding the pending matter on an ex parte basis. In particular, the Magistrate Judge did not discern any attorney-client privileged or work product protected matter which was revealed during the hearing. It appears, then, that the request that this matter be decided on a sealed record and ex parte depends on Defendant's counsel's desire not to reveal their strategy to the Government's counsel. On May 9, 2006, the Magistrate Judge inquired of Assistant United State Attorney Sheila Lafferty, the Government's trial attorney in this case, whether the Government conceded the propriety of having this matter decided on a sealed record and ex parte and she responded that it did not.

Accordingly, it is hereby ORDERED that Defendant file with the Court not later than June 15, 2006, any authority Defendant wishes the Court to consider supporting the propriety of having this matter decided on a sealed record and ex parte. June 8, 2006.

Michael R. Merz Chief United States Magistrate Judge

20060609

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