Free Other Notice - District Court of Arizona - Arizona

ALAN P. CAPLAN 630 Carolina Street San Francisco, CA 94107 (415) 826-2371 (415) 824-7148 (Fax) MA Bar No: 072700 Attorney for Defendants JOHN RIZZO and CAROL RIZZO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) vs. ) ) JOHN AND CAROL RIZZO, et. al. ) ) Defendants. ) ) _________________________________)

No: CR-03-0345-PHX-ROS

DEFENDANTS' CORRECTIONS TO MOTION AND MEMORANDUM PREVIOUSLY FILED UNDER SEAL

Undersigned counsel, on behalf of John and Carol Rizzo, wishes to correct certain facts set forth in their Motion in Limine and supporting Memorandum of Points and Authorities filed under seal on Tuesday, September 6, 2005. These corrections have not been filed under seal because they do not compromise any matter that required such sealing:

1. The name "Daniel Anderson" should be substituted in every instance iun the motion and memorandum where the name "Kenneth Anderson" appears.

2. In Paragraph 9 of the Motion, Line 22, the number "4" should be replaced by the number "2". At Line 24 the word "superseding" should be substituted for the word "initial" and the number 3" should be substituted for the number "15".

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3. On Page 4 of the Memorandum, at Line 24, the number "4" should be replaced by the number "2". At Line 26, the word "superseding" should be substituted for the word "initial" and the number 3" should be substituted for the number "15".

Undersigned counsel apologizes to the Court for any inconvenience caused by his aforesaid errors.

Dated: September 8, 2005.

Respectfully submitted:

Alan P. Caplan Attorney for Defendants JOHN RIZZO and CAROL RIZZO

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CERTIFICATE OF SERVICE

I, Alan P. Caplan, hereby state under the pains and penalties of perjury that I maintain my office at 630 Carolina Street, San Francisco, California, that I am counsel for defendants John and Carol Rizzo, and that on September 8, 2005 I caused a copy of the attached MOTION IN LIMINE to be paper-filed in accordance with ECF filing procedures and the Local Rules of this Court, and that notice will be delivered to the government in accordance therewith. I have executed this Certificate of Service at San Francisco, California on September 8, 2005.

______________________________ ALAN P. CAPLAN Counsel for Defendant JOHN RIZZO and CAROL RIZZO

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