Free Motion to Continue Trial - District Court of Arizona - Arizona

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MICHAEL D. KIMERER, #002492 Kimerer & Derrick, P.C. 221 East Indianola Avenue Phoenix, Arizona 85012 Telephone: 602/279-5900 Facsimile: 602/264-5566 Attorney for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, v. FRANK DIPPOLITO, et al,, Defendant.

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Case No. 03-0864-PHX-ROS MOTION TO CONTINUE TRIAL AND EXTEND TIME IN WHICH TO FILE PRETRIAL MOTIONS

(Before the Honorable Roslyn O. Silver)

Defendant, Frank Dippolito, through counsel undersigned, respectfully requests this Court to enter an Order continuing the current trial date of July 3, 2007, and the pretrial motions deadline for approximately ninety (90) days. This continuance is necessary for the following reasons. This is a very complex case with thousands of pages of discovery, including numerous

21 22 23 24 25 26 27 28 wire tap conversations. There is also additional discovery in Philadelphia relating to this case that the prosecutor is trying to obtain so it can be given to defense counsel. This discovery is critical for Mr. Dippolito's defense because it contains affidavits for search warrants and surveillance information that supposedly relates directly to Mr. Dippolito.

Case 2:03-cr-00864-ROS

Document 240 1 Filed 06/22/2007

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Undersigned counsel contacted counsel for the Government, Mr. David Pimsner, who stated that he has no objection to a ninety (90) day continuance and extension of time. Based upon the reasons set forth, Counsel requests that this Court enter an Order continuing the current trial date of July 3, 2007, and the pretrial motions deadline, for approximately ninety (90) days.

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Honorable Roslyn Silver United States District Judge 401 W. Washington Phoenix, AZ 85003 By: S/Nancy M. Alexander A COURTESY COPY of the foregoing was Sent via e-mail and regular U.S. Mail to: David Pimsner Assistant United States Attorney 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 By: S/Michael D. Kimerer_____ Michael D. Kimerer Attorney for Defendant Dippolito Kimerer & Derrick, P.C. Defense counsel avows that this Motion is made in good faith and with good cause. Excludable delay less than 18 U.S.C. 3161(h) will not occur as a result of this Motion and Order based thereon. RESPECTFULLY SUBMITTED this 22nd day of June, 2007.

CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT on June 22, 2007, I electronically transmitted the attached Motion to the Clerk of the Court using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

Case 2:03-cr-00864-ROS

Document 240 2 Filed 06/22/2007

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