Case 3:18-cr-04683-GPC Document 216 Filed 10/15/20 PageID.2219 Page 1 of 5
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`
`Randy K. Jones - SBN 141711
`rkjones@mintz.com
`MINTZ, LEVIN, COHN, FERRIS,
`GLOVSKY AND POPEO, P.C.
`3580 Carmel Mountain Road, Suite 300
`San Diego, California 92130
`Telephone: (858) 314-1510
`
`Attorney for Mark Manoogian
`
`
`Whitney Z. Bernstein - SBN 304917
`wbernstein@bmkattorneys.com
`Thomas H. Bienert, Jr. - SBN 135311
`tbienert@bmkattorneys.com
`James Riddet – SBN 39826
`jriddet@bmkattorneys.com
`BIENERT | KATZMAN PC
`903 Calle Amanecer, Suite 350
`San Clemente, California 92673
`Telephone: (949) 369-3700
`
`Attorneys for Mohammed Abdul
`Qayyum
`
`
`Gary S. Lincenberg - SBN 123058
` glincenberg@birdmarella.com
`Naeun Rim - SBN 263558
` nrim@birdmarella.com
`BIRD, MARELLA, BOXER, WOLPERT,
`NESSIM, DROOKS, LINCENBERG &
`RHOW, P.C.
`1875 Century Park East, 23rd Floor
`Los Angeles, California 90067-2561
`Telephone: (310) 201-2100
`Facsimile: (310) 201-2110
`
`Attorneys for Petr Pacas
`
`David W. Wiechert - SBN 94607
`dwiechert@aol.com
`Jessica C. Munk - SBN 238832
`jessica@wmgattorneys.com
`William J. Migler - SBN 318518
`william@wmgattorneys.com
`WIECHERT, MUNK & GOLDSTEIN, PC
`27136 Paseo Espada, Suite B1123
`San Juan Capistrano, California 92675
`Telephone: (949) 361-2822
`
`Attorneys for Jacob Bychak
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
` CASE NO. 3:18-cr-04683-GPC
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`MOTION TO CONTINUE
`BRIEFING SCHEDULE;
`DECLARATION OF NAEUN RIM
`
`Assigned to Hon. Gonzalo P. Curiel
`
`Defendants.
`
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`UNITED STATES OF AMERICA,
`
`Plaintiff,
`
`vs.
`
`JACOB BYCHAK, MARK
`MANOOGIAN, MOHAMMED
`ABDUL QAYYUM, AND PETR
`PACAS,
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`MOTION TO CONTINUE
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`Case No. 3:18-cr-04683-GPC
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`Case 3:18-cr-04683-GPC Document 216 Filed 10/15/20 PageID.2220 Page 2 of 5
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`In light of various deadlines and hearings in other matters, Defendants Jacob
`Bychak, Mark Manoogian, Mohammed Abdul Qayyum, and Petr Pacas
`(“Defendants”), by and through counsel of record, move this Court for an order
`extending the deadlines to file supplemental briefing regarding IP netblocks and
`property issues, as ordered by the Court on October 1, 2020. (Dkt. 214.)
`Defendants request the following briefing schedule:
`Defendants are to file their supplemental brief by November 2, 2020;
`The Government is to file its opposition brief by November 16, 2020; and
`Defendants are to file their reply by November 23, 2020.
`Defendants also seek a continuance of the hearing from November 19, 2020
`to December 3, 2020 at 1:00 p.m., or on another date that the Court is available to
`hear the matter.
`The Government has not taken a position on this motion. On October 13,
`2020, defense counsel Naeun Rim attempted to meet and confer with counsel for the
`Government by email regarding the proposed dates. (Decl. Rim ¶ 2.) On October
`14, 2020, Assistant United States Attorney (“AUSA”) Melanie Pierson informed
`defense counsel that she did not object to the dates but had not heard back from
`AUSA Sabrina Feve, who was in trial. (Id.) At 8:48 a.m. on October 15, 2020, Ms.
`Feve informed defense counsel by email that she did not oppose the proposed dates,
`but then emailed again at 9:06 a.m. to note that Ms. Pierson had a trial on November
`2, which may pose a conflict. (Decl. Rim ¶ 3.) Defense counsel reminded Ms. Feve
`that the proposed deadline for the Government’s brief was November 16, 2020, and
`that Ms. Pierson had already agreed to the proposed dates. (Id.) Defense counsel
`asked for a response by 11 a.m. to enable the timely filing of this motion. As of the
`time of filing, the Government had not yet responded. (Id.)
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`MOTION TO CONTINUE
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`Case No. 3:18-cr-04683-GPC
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`DATED: October 15, 2020
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`Given that the original briefing deadline was set for today, Defendants now
`submit this motion to the Court.
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`Respectfully submitted,
`Gary S. Lincenberg
`Naeun Rim
`Bird, Marella, Boxer, Wolpert, Nessim,
`Drooks, Lincenberg & Rhow, P.C.
`
`
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`By:
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`/s/ Naeun Rim
`Naeun Rim
`
`Attorneys for Petr Pacas
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`MOTION TO CONTINUE
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`Case No. 3:18-cr-04683-GPC
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`Case 3:18-cr-04683-GPC Document 216 Filed 10/15/20 PageID.2222 Page 4 of 5
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`DECLARATION OF NAEUN RIM
`I, Naeun Rim, declare as follows:
`I am an active member of the Bar of the State of California and a
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`Principal with Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow,
`A Professional Corporation, attorneys of record for Petr Pacas in this action. I make
`this declaration in support of Motion to Continue Briefing Schedule. Except for
`those matters stated on information and belief, I make this declaration based upon
`personal knowledge and, if called upon to do so, I could and would so testify.
`On October 13, 2020, I emailed counsel for the Government to meet
`2.
`and confer regarding the proposed dates. On October 14, 2020, Assistant United
`States Attorney (“AUSA”) Melanie Pierson emailed me and informed me that she
`did not object to the dates but wanted to wait to hear back from AUSA Sabrina
`Feve, who was in trial.
`At 8:48 a.m. on October 15, 2020, Ms. Feve responded to my email of
`3.
`two days ago and initially informed me that the Government did not oppose the
`proposed dates. At 9:06 a.m., Ms. Feve emailed again to note that Ms. Pierson had a
`trial on November 2, which may pose a conflict. I reminded Ms. Feve that the
`proposed deadline for the Government’s brief was November 16, 2020, two weeks
`after the trial date, and that Ms. Pierson had already agreed to the proposed dates. I
`asked for a response by 11 a.m. to enable the timely filing of this motion. As of the
`time of filing, the Government had not yet responded.
`I declare under penalty of perjury under the laws of the United States of
`America that the foregoing is true and correct, and that I executed this declaration
`on October 15, 2020, at Los Angeles, California.
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` /s/ Naeun Rim
`Naeun Rim
`
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`MOTION TO CONTINUE
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`Case No. 3:18-cr-04683-GPC
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`Case 3:18-cr-04683-GPC Document 216 Filed 10/15/20 PageID.2223 Page 5 of 5
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`CERTIFICATE OF SERVICE
`Counsel for Defendants certify that the foregoing pleading has been
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`electronically served on the following parties by virtue of their registration with the
`CM/ECF system:
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`Sabrina L. Feve
`Assistant U.S. Attorney
`sabrina.feve@usdoj.gov
`
`Melanie K. Pierson
`Assistance U.S. Attorney
`melanie.pierson@usdoj.gov
`
`Respectfully submitted,
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`Gary S. Lincenberg
`Naeun Rim
`Bird, Marella, Boxer, Wolpert, Nessim,
`Drooks, Lincenberg & Rhow, P.C.
`
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`DATED: October 15, 2020
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`By:
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`s/ Naeun Rim
`Naeun Rim
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`Attorneys for Petr Pacas
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`MOTION TO CONTINUE
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`Case No. 3:18-cr-04683-GPC
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