Tommy Ho Ching Cheng - Page 7

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                    10. Petitioner has made arrangements to retain                    
               the services of Steve Mather and David Holtz * * *.                    
               Petitioner’s attorneys in turn have engaged the                        
               services of Lilly Hsu, C.P.A. to do the accounting                     
               work.                                                                  
                    11. Once Petitioner is released from                              
               incarceration and can gain access to his records,                      
               Petitioner can assist Petitioner’s counsel in preparing                
               the case for trial.                                                    
                              *    *    *    *    *    *    *                         
                    14. * * * Through no fault of his own, Petitioner                 
               has been unable to prepare the case for trial, has been                
               unable to gain access to Petitioner’s or Respondent’s                  
               records, and has been unable to assist counsel in the                  
               preparation of the case for trial.                                     
          The Court heard arguments on petitioner’s fourth motion for                 
          continuance, during which respondent objected to the motion on              
          the basis of the prior history of continuances and petitioner’s             
          impending deportation.  After a brief hearing, the Court denied             
          petitioner’s motion.3                                                       
                                       OPINION                                        
          A.   Petitioner’s Fourth Motion for Continuance                             
               Petitioner contends that the Court should have granted his             
          fourth motion for continuance filed on March 16, 2005.                      
          Petitioner argues that “severe prejudice [will result] to                   
          petitioner’s case due to petitioner’s unavoidable inability to              



               3  Also on Mar. 16, 2005, respondent filed a motion to                 
          dismiss for lack of prosecution.  Following the entry of                    
          appearance by counsel for petitioner and petitioner’s filing of             
          posttrial briefs, the Court denied respondent’s motion.                     




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