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United States v. Senter

June 7, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TOBY TOBIAS SENTER, TODD DOUGLAS, WALTER HOLT, KEITH HICKS, AND EDDIE DENTON, ALSO KNOWN AS "RUSTY DENTON," DEFENDANTS.



The opinion of the court was delivered by: H. Bruce Guyton United States Magistrate Judge

(PHILLIPS/GUYTON)

MEMORANDUM AND ORDER

All pre-trial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the District Court as may be appropriate. Defendant Walter Holt's Motion to Joint Certain Motions Filed by Co-Defendant [Doc. 61] is presently pending before this Court.

Defendant Holt moves to join Co-Defendant Todd Douglas's Motion for Designation as Complex Case [Doc. 38] and Motion for Hearing to Determine Existence of Conspiracy [Doc. 46]. On May 24, 2007, this Court granted Defendant Douglas's Motion for Designation as a complex case. [Doc. 64]. Therefore, Defendant Holt's Motion to Join [Doc. 61] as to Co-Defendant Douglas's Motion for Designation as Complex Case [Doc. 38] is DENIED as moot.

In support of his motion to join Co-Defendant Douglas's Motion for Hearing to Determine Existence of Conspiracy [Doc. 46], Defendant Holt states, in full, "Defendant Holt supports this Motion and the Memorandum of Law filed by counsel for defendant Douglas." This part of Defendant's Motion does not satisfy the requirements of the Local Rules, which require motions to include a "[c]oncise statement of the factual and legal grounds which justify the ruling sought from the Court." E.D.TN. LR. 7.1(b). However, since it is apparent from the Indictment [Doc. 15] that the movant is charged with being in a conspiracy involving Todd Douglas, the Court will waive strict application of the rule in this case. Therefore, Defendant Holt's Motion to Join [Doc. 61] as to Co-Defendant Douglas's Motion for Hearing to Determine Existence of Conspiracy [Doc. 46] is GRANTED.

Accordingly, Defendant Holt's Motion to Join [Doc. 61] is DENIED as moot as to Co-Defendant Douglas's Motion for Designation as Complex Case and GRANTED as to Co-Defendant Douglas's Motion for Hearing on to Determine Existence of Conspiracy.

IT IS SO ORDERED.

20070607

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