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 May 1, 2007, and the pretrial motions deadline of April 9, 2007, for approximately sixty (60) days. This continuance is necessary for the following reasons.

21 22 23 24 25 26 27 28 with counsel for the Government, Mr. David Pimsner. This case involves voluminous discovery and an ongoing wire tap investigation. Additionally, defense counsel was recently retained to represent Mr. Dippolito less than a month ago, on March 7, 2007. Defense counsel needs additional time to review all discovery with Mr. Dippolito, conduct any necessary legal research, interview witnesses and/or discuss the case

Case 2:03-cr-00864-ROS

Document 238 1 Filed 04/06/2007

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Undersigned counsel contacted counsel for the Government, Mr. David Pimsner, who stated that he has no objection to a sixty (60) 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 May 1, 2007, and the pretrial motions deadline of April 9, 2007, for approximately sixty (60) 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 under 18 U.S.C. 3161(h) will not occur as a result of this Motion and Order based thereon. RESPECTFULLY SUBMITTED this 6th day of April, 2007.

CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT on April 6, 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 238 2 Filed 04/06/2007

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