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United States v. DiPalma

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 9, 2007

UNITED STATES OF AMERICA,
v.
JAMES DIPALMA, DEFENDANT.

The opinion of the court was delivered by: Roanne L. Mann United States Magistrate Judge

MEMORANDUM AND ORDER

In an endorsed order dated November 28, 2006, Judge Korman referred a letter dated November 17, 2006, from counsel for defendant James DiPalma, to the undersigned magistrate judge for decision. The letter concerned a dispute between the defense and the government as to (1) the calculation of the amounts already paid by defendants as restitution, and (2) the government's refusal to credit the individual defendants' accounts with payments made by the corporate defendants.

On December 4, 2006, this Court entered an order ("12/4/06 Order") rejecting the latter challenge*fn1 and setting a schedule for the submission of documents necessary to the Court's resolution of the remaining dispute. The defense was directed to supply the Court and government, by December 20, 2006, w ith a detailed listing of restitution payments alleged to have been made, along with supporting documents. See 12/4/06 Order at 1 & n.1. The government's response, including any underlying documentation, was due by January 4, 2007. See id.

On December 22, 2004, having received from the defense no documents or request for an extension of time, the Court issued an order that warned that "[i]f the requisite materials have not been supplied by December 28, 2006, the defense application of November 17, 2006 will be deemed withdrawn." Order entered December 22, 2006.*fn2 To date, the defense has not supplied the materials ordered by the Court.*fn3 Therefore, the defense motion is deemed withdrawn.

SO ORDERED.


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