United States District Court, S.D. New York
December 1, 2004.
Arnold Bengis et al.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
As the Court is aware, the defendants in the above-referenced
matter submitted their expert reports regarding restitution on
November 1, 2004. Under the present schedule, the Government's
reply to the defendants' expert reports is due on December 1,
2004. As the parties previously advised the Court, the parties
intended to use the time period between November 1 and December 1
to try to resolve any remaining factual dispute bearing on
We write to advise the Court that the parties' discussions
regarding the appropriate level of restitution are ongoing. We
expect, however, that those discussions will take several
additional weeks to complete. The extra time is needed, in part,
because of the difficulty that counsel for defendant Arnold
Bengis is experiencing in communicating with his client, who
reportedly is incarcerated in Indiana.
Accordingly, the parties respectfully request that the due date
for the Government's reply to the defendants' expert reports be
adjourned for three weeks, until December 22, 2004. Following the
Government's reply, the parties anticipate that the Court will
determine the procedures it believes are appropriate to resolve
any remaining issue regarding restitution. Thank you for your consideration of this joint request.
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