- 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