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`Case 2:18-cr-00422-DJH Document 1373 Filed 11/02/21 Page 1 of 3
`
`
`
`GLENN B. McCORMICK
`Acting United States Attorney
`District of Arizona
`
`KEVIN M. RAPP (Ariz. Bar No. 014249, kevin.rapp@usdoj.gov)
`MARGARET PERLMETER (Ariz. Bar No. 024805, margaret.perlmeter@usdoj.gov)
`PETER S. KOZINETS (Ariz. Bar No. 019856, peter.kozinets@usdoj.gov)
`ANDREW C. STONE (Ariz. Bar No. 026543, andrew.stone@usdoj.gov)
`Assistant U.S. Attorneys
`40 N. Central Avenue, Suite 1800
`Phoenix, Arizona 85004-4408
`Telephone (602) 514-7500
`
`DAN G. BOYLE (N.Y. Bar No. 5216825, daniel.boyle2@usdoj.gov)
`Special Assistant U.S. Attorney
`312 N. Spring Street, Suite 1400
`Los Angeles, CA 90012
`Telephone (213) 894-2426
`
`KENNETH POLITE
`Assistant Attorney General
`Criminal Division, U.S. Department of Justice
`
`REGINALD E. JONES (D.C. Bar No. 1620183, reginald.jones4@usdoj.gov)
`Senior Trial Attorney
`Criminal Division, U.S. Department of Justice
`1400 New York Ave N.W., Suite 1200
`Washington, D.C. 20005
`Telephone (202) 616-2807
`Attorneys for Plaintiff
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF ARIZONA
`
`
`
`
`
`United States of America,
`
`
`
`Plaintiff,
`
`
`v.
`
`
`Michael Lacey, et al.,
`
`
`
`Defendants.
`
`No. CR-18-422-PHX-DJH
`
`UNITED STATES’ UNOPPOSED
`MOTION TO EXTEND DEADLINE
`FOR RESPONDING TO
`DEFENDANTS’ MOTION TO
`DISMISS
`(Doc. 1355)
`(First Request)
`
`
`
`
`
`On October 20, 2021, Defendants filed a Motion for Leave to File Excess Pages for
`Defendants’ Joint Motion to Dismiss with Prejudice (Doc. 1354). Defendants’ Motion for
`Leave sought an order directing the Clerk to file the overlength Motion to Dismiss (Doc.
`
`- 1 -
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`Case 2:18-cr-00422-DJH Document 1373 Filed 11/02/21 Page 2 of 3
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`
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`1355) that Defendants lodged with their Motion for Leave. On October 22, 2021, the
`United States opposed the Motion for Leave (Doc. 1361), and Defendants replied (Doc.
`1364). On November 1, 2021, the Court granted the Motion for Leave (Doc. 1354) and
`ordered that the docket shall reflect, as filed, the Motion to Dismiss (Order, Doc. 1368).
`Because the United States’ lead trial counsel, Kevin Rapp, is traveling out of the
`country during the week of November 1, 2021, and to provide the United States with
`sufficient time to complete its response to the 29-page Motion to Dismiss, the United
`States, by and through undersigned counsel, respectfully requests that the Court enter an
`order extending and setting the United States’ deadline to respond to the Motion to Dismiss
`(Doc. 1355) for November 17, 2021.1
`The United States has conferred with defense counsel (Whitney Bernstein) about
`this request. Defense counsel has no objection to extending the United States’ response
`deadline to November 17, 2021.
`Excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion or
`an order based thereon.
`A proposed form of Order is being lodged herewith.
`
`Respectfully submitted this 2nd day of November, 2021.
`
`GLENN B. McCORMICK
`Acting United States Attorney
`District of Arizona
`
`s/ Peter S. Kozinets
`KEVIN M. RAPP
`MARGARET PERLMETER
`PETER S. KOZINETS
`ANDREW C. STONE
`Assistant U.S. Attorneys
`
`DAN G. BOYLE
`Special Assistant U.S. Attorney
`
`
`
`
`
`
`
`
`
`
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`
`1 This reflects a two-week extension if the United States’ 14-day response deadline
`were deemed to run from the date the Motion to Dismiss was lodged (October 20, 2021),
`or a two-day extension if the 14-day period runs from the date of the Order (November 1,
`2021).
`
`- 2 -
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`Case 2:18-cr-00422-DJH Document 1373 Filed 11/02/21 Page 3 of 3
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`KENNETH POLITE
`Assistant Attorney General
`U.S. Department of Justice
`Criminal Division, U.S. Department of Justice
`REGINALD E. JONES
`Senior Trial Attorney
`Criminal Division, U.S. Department of Justice
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that on this 2nd day of November, 2021, 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 CM/ECF registrants who have entered
`their appearance as counsel of record.
`
`s/ Marjorie Dieckman
`U.S. Attorney’s Office
`
`- 3 -
`
`
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