- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011