UNITED STATES' UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME

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UNITED STATES' UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME Powered By Docstoc
					                           UNITED STATES DISTRICT COURT
                            MIDDLE DISTRICT OF FLORIDA
                                  TAMPA DIVISION


UNITED STATES OF AMERICA

v.                                               CASE NO.: 8:03-CR-77-T-30-TBM

SAMI AMIN AL-ARIAN,
HATEM NAJI FARIZ


                  UNITED STATES' UNOPPOSED SECOND MOTION
                  FOR EXTENSION OF TIME TO FILE A RESPONSE
              TO DEFENDANT HATEM NAJI FARIZ'S MOTION TO COMPEL

         The United States of America by Paul I. Perez, United States Attorney, Middle

District of Florida, respectfully submits this motion to request a second extension of time

in which to respond to defendant Fariz’s motion to compel production of certain

materials (Doc. 1492).

         1.    Defendant Fariz filed the instant motion on January 11, 2006 (Doc. 1492).

Pursuant to Federal Rule of Criminal Procedure 45(a), the response of the United

States was due on January 30, 2006.

         2.    On January 24, 2006, the United States filed a motion to extend the time

to February 28, 2006 in which to respond to the Fariz motion (Doc. 1509). In support of

that motion, the United States represented that additional time was needed to obtain

Department of Justice approval “due to the sensitivity of the issues raised by the

motion.” On January 31, 2006, the Court granted the motion of the United States (Doc.

1516).
            3.           Since the filing of the previous motion, the United States has been

diligently working to complete the appropriate inquiries in order to adequately answer

the Fariz motion. However, the United States requires substantial additional time, to at

least March 31, 2006, to accomplish the task.

            4.           The United States has contacted Kevin Beck, counsel for defendant Fariz,

who stated that he has no objection to the granting of this motion.

            WHEREFORE, for the foregoing reasons, the United States requests a second

extension of time, until March 31, 2006, in which to respond to defendant Fariz’s motion

to compel.

                                                                                       Respectfully submitted,

                                                                                       PAUL I. PEREZ
                                                                                       United States Attorney



                                                                           By:         /s Terry A. Zitek
                                                                                       Terry A. Zitek
                                                                                       Executive Assistant U. S. Attorney
                                                                                       Florida Bar No. 0336531
                                                                                       400 North Tampa Street, Suite 3200
                                                                                       Tampa, Florida 33602
                                                                                       Telephone: (813) 274-6336
                                                                                       Facsimile:     (813) 274-6108
                                                                                       E-mail:        terry.zitek@usdoj.gov




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U.S. v. Sami Amin Al-Arian, et al.                                                                   Case No. 8:03-CR-77-T-30-TBM

                                                      CERTIFICATE OF SERVICE

            I hereby certify that on February 28, 2006, I electronically filed the foregoing with

the Clerk of the Court by using the CM/ECF system which will send a notice of

electronic filing to the following:

            Kevin T. Beck
            M. Allison Guagliardo
            William B. Moffitt
            Linda G. Moreno
            Wadie E. Said



                                                                                       /s Terry A. Zitek
                                                                                       Terry A. Zitek
                                                                                       Executive Assistant U. S. Attorney
                                                                                       Florida Bar No. 0336531
                                                                                       400 North Tampa Street, Suite 3200
                                                                                       Tampa, Florida 33602
                                                                                       Telephone: (813) 274-6336
                                                                                       Facsimile:     (813) 274-6108
                                                                                       E-mail:        terry.zitek@usdoj.gov




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N:\_Criminal Cases\A\Al Arian_1995R96168 (unclass)\p_Second Motion to Extend Time to File Response to Motion to Compel.wpd