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U.S. v. BENGIS

United States District Court, S.D. New York


December 1, 2004.

United States
v.
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 restitution.

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.

20041201

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