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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

UNITED STATES OF AMERICA,

Plaintiff, Case No. 15-cr-20351

Hon. Sean F. Cox

vs. U.S. District Court Judge

 

D-04 – HATEM ATAYA, 

Defendant.

WAIVER OF DEFENDANT’S ATTENDANCE AT STATUS CONFERENCE

NOW COMES Defendant Hatem Ataya, by his Counsel, James W. Burdick, and waives 

his presence at the upcoming status conference scheduled for October 16, 2015, for the following 

reasons:

1. He is fully aware that he has an absolute right to be present at all such court 

hearings and conferences.

2. He is presently detained and lodged at Milan Detention Center, where he has been 

utilizing the Center’s video equipment to review the many hours of undercover videos, but he has 

limited opportunities to use the equipment because other detainees are also using the same 

equipment.

3. If he were required to be present at the status conference, it would result in his 

being moved from Milan (an always arduous trip in shackles and handcuffs, etc.), with the 

prospect of time spent in the Wayne County Jail and, when he is moved back, it is always possible 

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that he will not return to Milan, but to one of the many other county facilities throughout the 

District when the USMS houses detainees. This would mean his evidence DVDs would have to 

follow him, though how long it would take is an open question, and the question of when he would 

be able to re-start his review, or whether the new facility even had proper equipment, could 

seriously compromise his ability to review the many hours of videos.

4. He is more than confident that his Counsel will report directly back to him anything 

and everything which occurs at this conference, as he is in constant communication with his 

Counsel through Corr-Links and is fully aware of his rights vis-à-vis attendance at court.

WHEREFORE, Defendant prays that this Honorable Court excuse him from being 

present at the status conference on October 16, 2015.

Respectfully submitted by:

BURDICK LAW, P.C.

 /s/ James W. Burdick

JAMES W. BURDICK (P-11397)

Counsel for Defendant Ataya

1760 South Telegraph Road, Suite 300

Ph: (248) 335-5000

jwb@jwburdicklaw.com

Dated: October 09, 2015

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CERTIFICATE OF SERVICE

I hereby certify that, on October 09, 2015, I electronically filed the foregoing Waiver of 

Defendant’s Presence at Status Conference with the Clerk of the Court, United States District 

Court for the Eastern District of Michigan, using the ECF system, which will send notification of 

such filing to the following: 

DOJ Trial Counsel Matthew Thuesen, by e-mail, 

As well as to all other counsel of record.

Respectfully submitted,

BURDICK LAW, P.C.

By: /s/ James W. Burdick 

JAMES W. BURDICK (P-11397)

Attorney for Defendant Ataya

1760 South Telegraph Road, Suite 300

Bloomfield Hills, Michigan 48302-0183

Ph: (248) 335-5000; Fax: (248) 253-9620

jwb@jwburdicklaw.com

Dated: October 09, 2015

C:\DATA FILES\W.P. DOCS\02) ATAYA - 2015 FED CASE\WAIVER OF DEF APPEARANCE AT STATUS CONF - 09OCT15.DOCX

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