Free Motion for Leave to File - District Court of Arizona - Arizona

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Gerald H. Goldstein TX Bar No. 08101000 Cynthia E. Orr TX Bar No. 15313350 Goldstein, Goldstein & Hilley 310 S. St. Mary's St., 29 th Floor San Antonio, Texas 78205 210-226-1463

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA § § § § § § § § § CIV-04-363-PHX-JWS ADDITIONAL MOTION FOR LEAVE TO FILE INTERVENING DOCUMENTS IN SUPPORT OF MOTION FOR RECONSIDERATION OF THE ORDER DENYING THE STAY DOCKET # 153

UNITED STATES OF AMERICA, Plaintiff, versus 1. Lear Jet, Model 31A, Serial Number 31A-244, U.S. Registration No.N224LJ, Defendant.

NOW COMES, CLAIMANT, ALBERTO ABED-SCHEKAIBAN ("Abed") filed a Motion For Leave To File Intervening Documents In Support of Motion For Rehearing Of Motion For Stay And To Quash Deposition Notice And Motion For Protective Order Against Request For Admissions And Interrogatories Served on claimant Abed in The United States District Court for the District of Arizona on February 28, 2006. In said motion, Claimant requested the filing of two documents which were received by Abed's counsel on Tuesday, February 28, 2006. Attached to claimant's Motion For Leave To File Intervening Documents were two documents: 1) A letter, dated February 6, 2006, from the Department of Justice ("DOJ") seeking "The temporary detention and presentation of Alberto Abed Schekaiban, who has his date of birth on April 27, 1952 in Lebanon," and stating that the DOJ is conducting a criminal investigation of claimant Abed. See Exhibit 4.

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2) The second document in response to the DOJ's letter, dated February 24, 2006, by the office of the Procuraduria General de la Republica ("PGR"), which states that the PGR cannot comply with the request of the United States to detain and present Mr. Abed to the U.S. with regard to their investigation. See Exhibit 5. In response to Abed's motion, Assistant United States Attorney ("AUSA"), Reid C. Pixler, filed a Response In Opposition To Motion For Leave To File Intervening Documents, on March 6, 2006, in which Plaintiff alleged the documents presented to the Court by undersigned counsel in support of Abed's motion are not genuine. AUSA Pixler based said allegations on the affidavit of the purported signatory on the Homeland Security letter, Ms. Lisa Cacheris Burnett. As soon as undersigned counsel received AUSA Pixler's allegations, she notified Acting Special Agent in Charge, Keith Burnett, of the Federal Bureau of Investigation of her intention to cooperate with any investigation with respect to the documents. See Exhibit 2. Further, please find one affidavit (Exhibit 3) attached, signed by Attorney Miguel Angel Corrales Aranda ("Aranda"), attesting to the validity of the aforementioned documents. Attorney Aranda's affidavit, dated March 9, 2006, states that under penalty of perjury under the laws of the United States of America, that he obtained the aforementioned documents from both the Subprocuraduria de Investigacion Especializada en la Delincuencia Organizada de la PGR. This document was also sent immediately to the Assisting Special Agent in charges above. These additional documents support the authenticity of the attachments to the Motion For Leave To File Intervening Documents, Docket # 156. WHEREFORE, PREMISES CONSIDERED, Claimant prays that this Honorable Court grant him leave to file these attached intervening documents in support of Claimant's Response to Plaintiff's Response in Opposition to Motion for Leave to File Intervening Documents.

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Respectfully submitted, GERALD H. GOLDSTEIN Bar No. 08101000 CYNTHIA EVA HUJAR ORR Bar No. 15313350 GOLDSTEIN, GOLDSTEIN & HILLEY 310 S. St. Mary's St. 29 th Floor Tower Life Bldg. San Antonio, Texas 78205 210-226-1463 210-226-8367 facsimile

BY: ______________________________ CYNTHIA E. ORR CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 16, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Reid Pixler Assistant United States Attorney 2 Renaissance Sq. 40 N. Central, Ste. 1200 Phoenix, Arizona 85004-4408 [email protected] Allen B. Bickart 6508 N. 10 th Place Phoenix, Arizona 85014 [email protected] Douglas F. Behm Jennings Strouss & Salmon P.L.C. Collier Cntr. 201 E. Washington St., Ste. 1100 Phoenix, AZ 85004-2385 [email protected] Lawson Pedigo Miller, Keffer & Pedigo 8401 N. Central Expressway, Ste. 630 Dallas, Texas 75225 [email protected]

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and via U.S. Mail, first class, to the following who are not registered participants of the CM/ECF: Jennifer Collins Mark Hopson Sidley, Austin, Brown & Wood 1501 "K" Street, N.W. Washington, D.C. 20005 Geoffrey Young Ruden McClosky 150 2 nd Ave., Suite 1700 St. Petersburg, FL 33701 Marc S. Nurik, Esq. Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Blvd., Ste. 1500 P.O. Box 1900 Ft. Lauderdale, FL 33302 Leonard J. McDonald, Jr. Tiffany & Bosco, P.A. 2525 E. Camelback Rd. Phoenix, AZ 86015-4237.

BY: _______________________________ CYNTHIA E. ORR

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