Opinion
Case No. 2:06-cr-00186-PMP-PAL
08-18-2011
UNITED STATES OF AMERICA, Plaintiffs, v. POWER COMPANY INC., doing business as THE CRAZY HORSE TOO, and FREDERICK JOHN RIZZOLO Defendants.
HUNTERTON & ASSOCIATES C. STANLEY HUNTERTON, ESQ. (1891) and CAMPBELL & WILLIAMS DONALD J. CAMPBELL, ESQ. (1216) PHILIP R. ERWIN, ESQ. (11563) Attorneys for Interested Parties Kirk and Amy Henry
HUNTERTON & ASSOCIATES
C. STANLEY HUNTERTON, ESQ. (1891)
and
CAMPBELL & WILLIAMS
DONALD J. CAMPBELL, ESQ. (1216)
PHILIP R. ERWIN, ESQ. (11563)
Attorneys for Interested Parties
Kirk and Amy Henry
KIRK AND AMY HENRY'S MOTION TO WITHDRAW MOTION FOR ORDER TO SHOW CAUSE WHY THE MANAGERS AND AGENTS OF THE PIAZZA FAMILY LIMITED PARTNERSHIP SHOULD NOT BE HELD IN CONTEMPT (#466)
Victims KIRK and AMY HENRY, by and through their attorneys of record, hereby file the following Motion to Withdraw their Motion for Order to Show Cause why the Managers and Agents of the Piazza Family Limited Partnership Should not be Held in Contempt (#466).
During Defendant Rick Rizzolo's revocation hearing on July 20, 2011, the Court ordered that "the money in the Bank of America account in Philadelphia shall be turned over to the Henrys forthwith.'" See Minutes of Proceedings (#459) (emphasis added). Despite the Court's Order, Plaintiffs did not receive the subject funds in an expeditious manner which necessitated their Motion for Order to Show Cause why the Managers and Agents of the Piazza Family Limited Partnership Should not be Held in Contempt (#466).
On August 16, 2011, Plaintiffs finally received a wire transfer from the Piazza Family Limited Partnership in the amount of $465,864.19. Although the Piazza Family Limited Partnership has ignored Plaintiffs' requests for an accounting of the disputed funds, its attorney Stuart Cohen, Esq. has represented that this constitutes the entire amount that was being held for the benefit of Lions Limited Partnership and, in turn, Rick Rizzolo. Accordingly, Kirk and Amy Henry request that the Court allow the withdrawal of the Motion for Order to Show Cause why the Managers and Agents of the Piazza Family Limited Partnership Should not be held in contempt (#466). HUNTERTON & ASSOCIATES By
C. STANLEY HUNTERTON, ESQ. (1891)
333 South Sixth Street
Las Vegas, Nevada 89101
Attorneys for Victim Amy Henry
CAMPBELL & WILLIAMS By
DONALD J. CAMPBELL, ESQ. (12.16).
PHILIP R. ERWIN, ESQ. (11563)
700 South Seventh Street
Las Vegas, Nevada 89101
Attorneys for Victim Kirk Henry
IT IS SO ORDERED.
PHILIP M. PRO
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
The undersigned hereby certifies that service of the foregoing was served on the 17th day of August, 2011 via the Court's CM/ECF electronic filing system addressed to all parties on the e-service list. .
Philip R. Erwin, Esq.
An Employee of Campbell & Williams