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Statewide Source Code Evidentiary Hearings

First Judicial District Judge Jerome B. Abrams has been assigned to administer, hear, and decide all pretrial matters concerning challenges to the reliability of Intoxilyzer 5000EN results based on the source code of the instrument, including scheduling, discovery, and an evidentiary hearing, if necessary, in all pending and future civil implied consent cases.

Proposed Schedule for Resolution of Consolidated Cases

October 1, 2010-

• Petitioner's/Defendant's Expert Disclosures
• Non Expert Discovery Ends
• Final Date for Adding Cases to Consolidation   

Nov. 15, 2010-

•  Expert Discovery/Depositions (if any) begins
• State/Prosecution Expert Disclosures
• All Non Source Code Issues Completed in Consolidated Cases

Dec. 7, 2010-

• Expert Discovery Ends

Dec. 8, 2010-

•  Final Hearing on Source Code

Please note:  This schedule allows for more than 60 days for the non source code issues to be set and heard prior to the deadline for resolution of these issues.

Recent Orders

• Supreme Court Order Assigning Judge Abrams (Jan. 11, 2010)
• Order Vacating Prior Orders in First District Consolidated Source Code Cases (Feb. 17, 2010)
• Order 1 - Order Regarding Pending Source Code Cases Subject to Statewide Consolidation (Feb. 24, 2010)
• Order 2 - Order Setting Agenda for Hearing (Feb. 24, 2010)
• Order 3 - Criminal Case Management Order (April 21, 2010)
• Order 4 - Implied Consent Case Management Order (April 21, 2010)
• Order 5- Order for Hearing Regarding Motion to Amend Schedule (June 8, 2010)
• Order 6- Order for Hearing Regarding Request to Waive Filing Requirement for Non-Disclosure Agreement
• Order 7 - Order Granting Request for Withdrawl as Liaison Counsel
• Order 8 - Amended Scheduling Order
• Order 9 - Order for Hearing on Source Code Coalition's Motion to Preserve Evidence
• Order 10 - Order Denying Motion to Waive Filing Requirements for Non-Disclosure Agreements
• Order 11 - Order Granting Request for Withdrawal as Liaison Counsel
• Order 12 - Order for Hearing and Briefing Timelines
• Order 13- Amended Scheduling Order, Order for Production of EPROMs, and Denial of Motion for Preservation Order
• Order 14- Order Granting Request for Designation of Additional Liaison Counsel
• Order 16 - Order for Dispositive Motion hearing and Briefing Timelines
• Order 17- Order Setting Final Evidentiary Hearing
• Order 18 - Order Regarding Expert Depositions, Revising Dispositive Motion, Briefing Deadlines, Setting Motion Dates for Two Other Issues
• Order 19 - Evidentiary Issue at Trial
• Order 20 - Final Order ( see final lists below)
• Criminal List as of 5/6/2010
• Implied Consent List as of 5/6/2010
• Implied Consent List as of 6/7/2010
• Implied Consent List as of 6/7/2010
• Criminal List 6/7/2010
• Criminal List as of 7/7/2010
• Implied Consent List as of 7/7/2010
• Criminal List as of 8/4/2010
• Implied Consent List as of 8/4/2010
• Implied Consent List as of 9/2/2010
• Criminal List as of 9/2/2010
• Implied Consent list as of 11/17/2010
• Criminal list as of 11/17/2010
• Implied Consent Final List Exhibit A of Final Order 20
• Criminal Final List Exhibit B of Final Order 20
• Written Consent Exhibit C of Final Order 20

 

 

 

 

Federal Court Documents

• Consent Judgment and Permanent Injunction issued by Judge Frank, approving the settlement in the federal litigation against CMI over access to the source code (July 16, 2009) 
• Order and Memorandum granting CMI's Motion to Dismiss, which was filed by Judge Frank and concludes that the State does not have a contractual right to the source code (July 16, 2009) 
• Proposed Protective Order approved by Judge Frank as part of the settlement
• Non-Disclosure Agreement approved by Judge Frank as part of the settlement

NOTICE TO ATTORNEYS INVOLVED IN THIS LITIGATION:

Judge Jerome B. Abrams of the First Judicial District is requiring a uniform Written Notice of Consent to statewide consolidation regarding DWI cases where a defendant wants to challenge the source code of the Intoxilyzer 5000.

The following agreement has been authorized by Judge Abrams.  Any defense request for statewide consolidation should be made using this agreement.  The defense should then file the original, signed agreement with Judge Jerome B. Abrams, c/o Source Code Office Assistant, Scott County Courthouse, 200 4^th Avenue W., Shakopee, MN 55379 AND file a copy of the same in the county in which the matter was originally venued. 

Written Notice of Consent to Assignment:  MS Word version   Adobe PDF version