Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 104

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1 2 3 4 Mark J. Berardoni State Bar No. 012970 45 West Jefferson St., Suite 810 Phoenix, Arizona 85003-2317 (602) 257-1295 Attorney for Defendant - Robert Davis IN THE UNITED STATES DISTRICT COURT 5 DISTRICT OF ARIZONA 6 ) ) Plaintiff, ) 8 ) v. ) 9 ) Robert Davis, ) 10 ) Defendant. ) 11 ____________________________________) 7 12 United States of America, CR09-1548-001-PHX-FJM MOTION TO CONTINUE TRIAL AND EXTEND TIME TO FILE PRETRIAL MOTIONS (First Request) Defendant, Robert Davis, by and through undersigned counsel, moves to continue the trial 13 currently set for Tuesday, March 2, 2010 at 9:00 a.m., as well as the deadline for filing motions in 14 this case. The reason for this requests is that additional time is needed for ongoing investigation and 15 continuing discovery process. A continuance is necessary and appropriate to afford the Defendant 16 the effective assistance of counsel required by the Constitution. Further, Defendant requests a 17 continuance of a period of sixty (60) days. 18 The Government, by Assistant United States Attorney, Chuck Hyder, has been advised of the 19 motion and has no opposition to a continuance. 20 This motion is brought in good faith for the reasons stated and not solely for the purpose of 21 delay. The delay occasioned by granting the motion, and the reasons therefore, outweigh the interest 22 of the Government, the Defendant, and the Public in a speedy trial. 23 EXCLUDABLE DELAY pursuant to Title 18 U.S.C. 3161(h)(7)(A) may occur as a result 24 of this motion or from any order based thereon. 25 26 27 28 DATED this 10th day of February, 2010. s/Mark J. Berardoni Mark J. Berardoni Attorney for Defendant - Robert Davis 1 2 3 4 5 6 7 8 9 CERTIFICATE OF SERVICE I hereby certify that on February 10, 2010, 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: Honorable Frederick J. Martone United States District Court Sandra Day O'Connor U.S. Courthouse, Ste. 526 401 West Washington Street, SPC 62 Phoenix, Arizona 85003 Chuck Hyder, Esq. Assistant United States Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 10 Robert Davis (mailed) 11 By: s/ Sara E. Titterington 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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