Opinion
Mag. No. 12-2574 (DBA)
01-29-2013
UNITED STATES Of AMERICA v. JOSEPH A. GIORGIANNI, a/k/a "JoJo," MARY MANFREDO, ANTHONY DIMATTEO, RALPH DIMATTEO, SR., GIUSEPPE SCORDATO, a/k/a "Joe," a/k/a "Joey," CAROL KOUNITZ, STEPHANIE LIMA, MARK BETHEA, and EUGENE BROWN, a/k/a "Raheem"
Hon. Douglas E. Arpert
CONTINUANCE ORDER
This matter having come before the Court on the joint application of Paul J. Fishman, United States Attorney for the District of New Jersey (by Eric W. Moran and Matthew J. Skahill, Assistant U.S. Attorneys), and the above captioned defendants through their attorneys, for an order granting a continuance of the proceedings in the above-captioned matter so that the defendants will have additional time to consult with counsel, to review and consider pre-indictment discovery made available or to be made available by the Government, and to otherwise explore, or finalize, possible pre-indictment resolutions; and each defendant being aware that he or she has the right to have the matter submitted to a grand jury within thirty days of the date of his or her initial appearance pursuant to Title 18, United States Code, Section 3161(b); and each defendant, whose attorney has signed below, having consented to the continuance and waived such right; and this being the third continuance sought by the parties, and for good cause shown;
IT IS THE FINDING OF THIS COURT that this action should be continued for the following reasons:
(1) Each defendant, whose attorney has signed below, through his or her counsel, has requested additional time to consult with counsel, to review and consider pre-indictment discovery made available or to be made available by the Government, and to otherwise explore, or finalize, possible pre-indictment resolutions;
(2) The United States and the defendant have jointly represented that the parties desire additional time to discuss or finalize a pre-indictment resolution to this matter, which would render any subsequent trial of this matter unnecessary; and
(3) Pursuant to Title 18, United States Code, Section 3161(h)(7), the ends of justice served by granting the continuance outweigh the best interest of the public and the defendant in a speedy trial.
IT IS, therefore, on this 29th day of January, 2013,
ORDERED that this action be, and it hereby is, continued from January 29, 2013 through and including February 28, 2013; and it is further
ORDERED that the period from January 29, 2013 through and including February 28, 2013 shall be excludable in computing time under the Speedy Trial Act of 1974.
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HON. DOUGLAS E. ARPERT
United States Magistrate Judge
Form and entry
consented to:
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Eric W. Moran
Matthew J. Skahill
Assistant U.S. Attorneys
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Jerome A. Ballarotto, Esq.
Counsel for defendant Joseph A. Giorgianni
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Anthony Simonetti, Esq.
Counsel for Mary Manfredo
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Edward G. Wahsburne, Esq.
Counsel for Anthony Dimatteo
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Darren M. Gelber, Esq.
Counsel for Ralph Dimatteo
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Scott Krasny, Esq.
Counsel for Giuseppe Scordato
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John Holliday, Esq.
Counsel for Carol Kounitz
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Paul W. Norris, Esq.
Counsel for Stephanie Lima
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Kim Augustus Otis, Esq. c/o Hal K. Haveson, Esq.
Counsel for Mark Bethea
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Bruce Throckmorton, Esq.
Counsel for Eugene Brown