MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

Filing 377

1 2 3 4 5 6 7 8

Arthur J. Hutton
ATTORNEY AT LAW 328 N. Church Avenue Tucson, Arizona 85701 [phone] [phone] (fax) PCC: 28132/STATE: 001506 Attorney for: Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
UNITED STATES OF AMERICA,

) 9 ) Case No. CR07-1428-TUC-RCC-(CRP) Plaintiff, ) 10 v ) ) MOTION TO CONTINUE 11 Sylvia Estela Moreno, ) PLEA DEADLINE AND TRIAL ) DATES 12 Defendant. ) _________________________________ ) 13 14 Excludable delay under 18 U.S.C. 3161 (h)(1)(F) and (8)(A) will occur as a result of this

15 motion and any order based thereon. 16 The plea deadline is presently set for September 28, 2007 and the trial is set for October 10,

17 2007, at 9:30 a.m. 18 It is moved that the plea deadline and trial be continued for thirty (30) days for the reason

19 that additional time is necessary to prepare for trial because counsel has several facts that he 20 needs to investigate and to obtain additional disclosure. 21 22 23 DATED this 24th day of September, 2007. 24 25 E/ Arthur J. Hutton Arthur J. Hutton Attorney at Law There is no objection to this continuance by the Assistant U.S. Attorney, Patrick Barry.

1 2 3 4 5 6 7 8 U.S. District Court Judge Raner C. Collins Copy mailed this 24th day of September, 2007, to: Copy of the foregoing electronically mailed September 24, 2007, to: Patrick Barry Assistant U.S. Attorney

Sylvia Estela Moreno USM 97830-008 9 CCA P.O. BOX 6300 10 Florence, AZ 85232 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

1 2 3 4 5 6 7 8 9 10 UNITED STATES OF AMERICA, 11 12 13 14 15 16 17 This matter is presently set for trial on October 10, 2007. The defendant filed a motion to continue and for the reasons set forth therein ) ) Case No. CR07-1428-TUC-RCC-(CRP) Plaintiff, ) v ) ) ORDER Sylvia Estela Moreno, ) ) Defendant. ) ________________________________ )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

18 additional time is required to adequately prepare for trial. The government has no objection to a 19 continuance. 20 The Court finds that the ends of justice served by granting a continuance outweigh the

21 best interests of the public and the defendant is a speedy trial because failure to grant the 22 continuance is likely to result in a miscarriage of justice if the defendant is required to go to trial 23 on the present trial date because of the reasons set forth hereinbefore. 24 25 26 IT IS ORDERED as follows: 1. The deadline for a plea in the case is __________________________. The only plea that the

Court will accept after said date will be a plea to the entire Indictment. Counsel will not be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 U.S. District Court Judge Raner C. Collins Copy of the foregoing electronically mailed this 24th day of September, 2007, to: Patrick Barry Assistant U.S. Attorney 2. That this matter is RESET for trial on____________________________. Counsels are to be present at _______________________________. 3. Excludable delay under 18 U.S.C. 3161 (h)(8) is found to begin on ______________________ and end on _____________________. Such time shall be in addition to other excludable time under Speedy Trial Act and shall commence as of the day following the day that would otherwise be the last day for commencement of trial. 4. That any and all subpoenas previously issued shall remain in full force and effect through the new trial date. DATED this 24th day of September, 2007. reminded by the Court of this plea deadline and the deadline will be strictly enforced. THE PLEA MUST BE TAKEN BEFORE THE MAGISTRATE JUDGE ON OR BEFORE THE PLEA DEADLINE.