Free Motion for Extension of Time to File - District Court of Delaware - Delaware

Case 1:07-cr-00034-SLR

Document 17

Filed 09/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v TONY CLARK, Defendant.

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Criminal Action No. 07-34-SLR

MOTION TO EXTEND TIME TO FILE MOTIONS IN LIMINE The defendant, Tony Clark, through undersigned counsel Eleni Kousoulis, hereby moves this Honorable Court for an Order extending the time in which to file Motions in Limine in this case. In support of this motion, the defense submits as follows: 1. Trial in this matter is scheduled to begin on October 15, 2007. The Court set

September 18, 2007, as the date by which Motions in Limine were to be filed. 2. As of the date of this Motion, there is additional discovery in this matter still

outstanding, and the government has informed defense counsel that this discovery (which includes names of witnesses currently unknown to the defense that the government intends to call at trial, as well as statements from these witnesses), will not be able to be provided to the defense until September 17 or 18, 2007. Defense counsel feels that this yet to be received discovery may contain information that could be the subject of a Motion in Limine. Defense counsel prefers to have all of the discovery prior to filing any Motions in Limine in this case, and therefore, respectfully requests that the date in which to file Motions in Limine be extended.

Case 1:07-cr-00034-SLR

Document 17

Filed 09/14/2007

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3.

Defense counsel will be out of the office attending a conference from September 16,

2007 through September 19, 2007, and will not be returning to the office until September 20, 2007. 4. Defense counsel respectfully requests that the date in which to file Motions in Limine

be extended to Monday, September 24, 2007, and that the time in which to file any Responses to Motions in Limine be extended to Thursday, September 27, 2007. 5. AUSA Shawn Martyniak, the attorney handling this case for the government, has

no objection to this motion. WHEREFORE, for these reasons and any other such reasons that shall appear to the Court, the defense respectfully requests that the time in which to file Motions in Limine be extended to September 24, 2007, with any Responses to Motions in Limine due September 27, 2007. Respectfully submitted,

/s/ Eleni Kousoulis, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, DE 19801 Counsel for Defendant Tony Clark

Dated: September 14, 2007

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Case 1:07-cr-00034-SLR

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Filed 09/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. TONY CLARK, Defendant.

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Criminal Action No. 07-34-SLR

ORDER Having considered Defendant's Motion to Extend Time to File Motions in Limine, and good cause having been shown therefore; IT IS HEREBY ORDERED this Motions in Limine in this case shall be due on the day of day of , 2007, that , 2007.

IT IS FURTHER ORDERED that any Responses to Motions in Limine shall be due on the _________ day of ____________________, 2007.

Honorable Sue L. Robinson United States District Court