Free Motion to Extend Time - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona KEITH E. VERCAUTEREN Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 013439 [email protected] Telephone (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Robert J. Johnston, Jr., et al., Defendants. The United States, by and through its undersigned counsel, hereby respectfully moves this Court for an extension of time to file its responses to defendants' Motions in this case. The United States was provided twenty (20) business days to respond to thirty-eight (38) motions filed by the defense in this case. The United States sought help within its own office to have other attorneys help with the task of responding to these motions. Within the same twenty (20) business days, the United States was ordered to file other pleadings regarding two and six week material, as well as a list of video tape evidence to be used at trial. In addition, on January 11, 2006, this Court ordered the United States to file a detailed description of the potential discovery noticed by the United States on January 6, 2006. On January 12, 2006, this Court ordered the parties to produce a joint case status report which is due January 17, 2006. As this Court is aware, additional issues arose on January 3, 2006. Resolution of those issues has taken time away from responding to the defense motions. Finally, defendant Smith participated in a Motion to Suppress hearing held in the District of Nevada. Statements from this hearing are germane to at least one of the United States' responses. The transcript was suppose to be ready earlier this week, but has yet to arrive. CR-03-1167-PHX-DGC MOTION TO EXTEND THE TIME TO FILE RESPONSES TO DEFENDANTS' MOTIONS

Case 2:03-cr-01167-DGC

Document 1041

Filed 01/12/2006

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The United States requests an extension of time of only one business day to file the responses to the thirty-eight (38) motions filed by the defense in this case. The United States will continue to file its responses to many of the motions as they are completed. The United States anticipates that many of the responses will be filed by January 13, 2006. However, the United States requests that the remaining responses that are not yet finished be allowed to be filed by January 17, 2006. Counsel for the United States would like to have this additional time to properly complete the responses. Excludable delay under 18 U.S.C. § 3161(h)(8)(A) may occur as a result of this motion or from an order based thereon. Respectfully submitted this 12th day of January, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/ Keith Vercauteren KEITH E. VERCAUTEREN Assistant United States Attorney

Case 2:03-cr-01167-DGC

Document 1041

Filed 01/12/2006

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I hereby certify that on January 12, 2006, I electronically transmitted the attached 2 document to the Clerk's Office using the CM/ECF system for filing and 3 transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:
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Joseph E. Abodeely, [email protected], [email protected] David Zeltner Chesnoff, [email protected] Carmen Lynne Fischer, [email protected], [email protected] Patricia Ann Gitre, [email protected], [email protected] Alan Richard Hock, [email protected] Thomas M Hoidal, [email protected], [email protected] Barbara Lynn Hull, [email protected] David M Ochoa, [email protected] Jose S Padilla, [email protected], [email protected] Mark A Paige, [email protected] James Sun Park, [email protected], [email protected],[email protected] C Kenneth Ray, II, [email protected] Brian Fredrick Russo, [email protected], [email protected] Michael Shay Ryan, [email protected], [email protected] Philip A Seplow, [email protected], [email protected] Robert Storrs, [email protected], [email protected] s/ Keith E. Vercauteren KEITH E. VERCAUTEREN

Case 2:03-cr-01167-DGC

Document 1041

Filed 01/12/2006

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