Case 1:08-cr-00231-EGS Document 322

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v.

) )

) ) No. 08-23 1 (EGS) THEODORE F. STEVENS, ) Defendant.

) )

UNOPPOSED MOTION TO VACATE DUE DATES OF GOVERNMENT'S RESPONSE AND DEFENDANT'S REPLY TO DEFENDANT'S MOTION TO DISMISS THE INDICTMENT OR, IN THE ALTERNATIVE, MOTION FOR A NEW TRIAL, DISCOVERY, AND AN EVIDENTIARY HEARING On February 16, 2009, the Government filed its Notice Of(1) Production Of Emails, Declarations, And Pleadings Previously Submitted Under Seal And In Camera; (2) Intention To Produce Additional Documents to Defendant; and (3) Appointment of New Counsel For the United States. In its notice, the Government advised the Court, in part, that the Government had been gathering all the 302s and signed affidavits created in the course of the Public Integrity Section's investigation of the Joy Complaint, and that it voluntarily would produce those documents to the defendant by the close of business on Tuesday, February 24, 2009. In addition, the Government has indicated to the defense that the Government will be providing other material, including a yet-to-be-written 302 of a recent interview of Agent Joy by the Government, in the near future. In reviewing what it has gathered to date, the Government believes that the material to be disclosed on February 24, 2009, as well as additional material to be provided to the defense at a later date, may prompt counsel for the defendant to seek to amend its Motion to Dismiss.

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Accordingly, to allow the defendant an opportunity to review the materials to be produced and to decide whether to seek to amend his Motion to Dismiss, and allow the Government to make one response to a final and complete motion, which would include any such amendments, the Government respectfully moves this Court to vacate the February 26, 2009, deadline by which the Government was required to respond to the defendant's Motion to Dismiss, as well as the deadline by which the defendant would have had to reply to the Government's response. In addition, the Government respectfully moves this Court to set a status hearing in this case during the week of March 10, 2009, at which time the Court and parties could discuss the status of discovery in this matter and set a final briefing schedule. On February 20, 2009, the undersigned counsel for the Government contacted Robert Cary, Esq., of Williams & Connolly, counsel for the defendant, and proposed that the Government make this motion, to which Mr. Cary stated that the defense had no objection. Moreover, on February 23, 2009, the Government discussed this motion again with Mr. Cary and confirmed that the Government would be making this motion, and Mr. Carey again stated that the defense had no objection to this motion. Moreover, on February 23, 2009, the Government

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transmitted by email a copy of this document to Mr. Cary for counsel's review, and Mr. Cary subsequently indicated that he had no objection to this motion. Respectfully submitted,

PAUL M.O'BRIEN Chief, Narcotics And Dangerous Drug Section Criminal Division U.S. Department of Justice 1400 New York Ave. NW Washington, D.C. 20530 Tel: 202-514-0169 Fax: 202-514-6112

DAVID L. JAFFE IV Deputy Chief, DomesticSecurity Section

//

WILLIAM Y STUCKWISCH (Bar No. 457278) Senior Trial Attorney, Fraud Section

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CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of February, 2009, I caused a copy of the foregoing ?!JNOPPOSED MOTION TO VACATE DUE DATES OF GOVERNMENT'S RESPONSE AND DEFENDANT'S REPLY TO DEFENDANT'S MOTION TO DISMISS THE INDICTMENT; OR, IN THE ALTERNATIVE, MOTION FOR A NEW TRIAL, DISCOVERY, AND AN EVIDENTIARY HEARINGU and a proposed order to be delivered electronically to the following:

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v.

) )

) ) No. 08-231 (EGS) THEODORE F. STEVENS, ) Defendant.

) )
FPROPOSEDI ORDER

Upon consideration of the Government's Unopposed Motion To Vacate Due Dates of Government's Response and Defendant's Reply to Defendant's Motion To Dismiss the Indictment; Or, In The Alternative, Motion For a New Trial, and good cause having been shown, it is ORDERED that the February 26, 2009, date by which the Court had set for the Government to reply to the defendant's Motion to Dismiss The Indictment; Or, In the Alternative, Motion for a New Trial, Discovery, And An Evidentiary Hearing is VACATED, as is the date of the defendant's reply to the Government's response; and it is FURTHER ORDERED that a status hearing in this matter shall occur on at SO ORDERED.

Emmet G. Sullivan United States District Judge Dated: 5