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

Filing 84

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Motion Picture Association of America v. CrystalTech Web Hosting Inc. Doc. 84 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 27 28 LAW OFFICES OF THOMAS M. CONNELLY Thomas M. Connelly (Az. Bar No. 012987) 2425 East Camelback Road, Suite 880 Phoenix, Arizona 85016 (602) 957-1993 Attorney for Defendant Claimant@aol.com TConnelly2425@aol.com UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Catherine Zebarth (008), et al., Defendants. ) No: CR-08-0612-PHX-NVW (EW) ) ) DEFENDANT CATHERINE ZEBARTH'S UNOPPOSED ) MOTION TO DESIGNATE CASE AS COMPLEX ) ______________________________________ ) Defendant, Catherine Zebarth, by and through undersigned counsel, respectfully requests this Court, pursuant to Local Criminal Rule 16.4, to designate this matter as complex within the meaning of 18 U.S.C. 3161(h)(8)(B)(ii), and to schedule a status conference within 21 days pursuant to LRCrim 16.4(a) to determine an appropriate schedule for motions, discovery, and other pre-trial case management issues. Undersigned counsel has circulated an e-mail advising other counsel of his intent to file this motion. The government through its counsel, Kevin Rapp, does not oppose this request. Counsel for codefendants, Irimiciuc (004), Dobos (005), Azadegan (006), Ionutescu (007), and Mejia (009) join or concur with Zebarth's (008) request for complex designation. George Klink on behalf of Defendant Babeti (002) has no objection. Excludable delay under 18 U.S.C. 3161(h)(8)(B)(ii) will occur as a result of this motion or an order based thereon. Respectfully submitted this 10th day of July, 2008. Dockets.Justia.com 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 27 28 LAW OFFICES OF THOMAS M. CONNELLY s/ Thomas M. Connelly Thomas M. Connelly 2425 E. Camelback Road, Ste. 880 Phoenix, Arizona (602) 957-1993 Attorney for Defendant Zebarth ME MO R A N D U M On June 17, 2008, the government obtained an 18-count indictment of nine defendants. All of the defendants are charged with each of the 18 counts. Counts 1-6 involve allegations of wire fraud in violation of 18 U.S.C. 1343, count 7 alleges the defendants worked in concert constituting a conspiracy under 18 U.S.C. 1349, counts 817 involve allegations of money laundering in violation of 18 U.S.C. 1957, and count 18 alleges the codefendants conspired to commit money laundering in violation of 18 U.S.C. 1956(h). Also contained in the indictment are allegations of aiding and abetting and related forfeiture allegations. Seven of the defendants have been arraigned. Two (Daniel Morar and Cosmina Bunea) remain fugitives at this time. Of the seven arraigned, five have been released pretrial, and two (Gheorghe Babeti and Brandon Azadegan) have been detained pending trial. At present, trial is scheduled for November 4, 2008 and pretrial motions are due on or before October 3, 2008. This case is sufficient "complex" or "unusual" to justify a complex case designation. This is one of the first cases indicted involving mortgage fraud allegations since the retraction and near collapse of the home mortgage/loan industry. Defendants anticipate there will be a substantial volume of discovery in this case. The discovery will or may include items seized as a result of search warrants, voluminous documentary evidence related to home loans, financing statements, loan requests, escrow entities, broker payments, title documents and agencies, "straw buyer" investigations, employment or contractual relationships, rental agreements or verifications, remodeling -2- 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 27 28 contracts, etc. To date, no discovery has been produced and it appears it may take some time for complete discovery to be prepared and tendered to all defendants. In addition, the time to investigate some aspects of the alleged conspiracies will be encumbered by both the incarceration of two defendants and the fact two remain fugitives at this time. As noted, this case involves complex money laundering and fraud allegations, as well as two separate conspiracy allegations. The interplay between defendants and their potential involvement or lack of involvement in relation to the numerous transactions alleged are not yet known. Moreover, as discovery has yet to be provided, but is anticipated to be voluminous, counsel does not believe 2.5 months from today will be sufficient to determine or resolve all necessary issues vis-a-vis all defendants and file necessary or potentially necessary pretrial motions by the current October 3, 2008 deadline. Counsel believes he, and likely the other counsel, will have a better grasp of the nature and time requirements for this case after further discussions with the government and each other and will be able to adequately advise the Court of some consensus on these issues at any status conference schedule by the Court pursuant to LRCrim 16.4(a). Accordingly, Defendant Zebarth (008), hereby respectfully requests the Court grant this unopposed motion (joined by various codefenants) and designate this case as "complex," continue the trial date, and set a status conference within 21 days of the complex designation to determine a firm schedule for pretrial motions, discovery, and other case management issues. DATED this 10th day of July, 2008. LAW OFFICES OF THOMAS M. CONNELLY s/ Thomas M. Connelly Thomas M. Connelly 2425 E. Camelback Road, Ste. 880 Phoenix, Arizona (602) 957-1993 Attorney for Defendant Zebarth -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Certificate Of Service I, Thomas M. Connelly, hereby certify on July 10, 2008, a true and correct copy of the foregoing request for Complex Case designation and proposed Order were electronically transmitted to the Clerk's Office using the ECF system for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants in this case: Tom Crowe: tom@crowescott.com, cindy@crowescott.com Attorney for Defendant Cipriano Ionutescu (007) George F Klink: georgeklink@qwestoffice.net Attorney for Defendant Gheorghe Babeti (002) Darius M Nickerson: darius.nickerson@azbar.org, BurnsNickersonTaylor@yahoo.com Attorney for Defendant Samuel Dobos (005) Cameron A Morgan: camerona.morgan@hotmail.com Attorney for Defendant Dorel Irimiciuc (004) Patrick E McGillicuddy: pmcgillicuddy@qwest.net Attorney for Defendant Brandon Azadegan (006) Thomas Connelly: Tconnelly2425@aol.com, claimant@aol.com Attorney for Defendant Catherine Zebarth (008) Kevin M. Rapp: Kevin.Rapp@usdoj.gov, kimberly.chamberlain@usdoj.gov, victoria.tiffany@usdoj.gov Attorney for Plaintiff Brandon Nelson Cotto: azattorneybc@yahoo.com Attorney for Defendant Christina Mejia (009) By: s/Thomas J. Marlowe 20 21 22 23 24 25 26 27 28 -4-

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