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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, 

Plaintiff,

v Case No. 15-20382

Hon. Victoria A. Roberts

PAUL NICOLETTI,

Defendant.

_________________________________/

DEFENDANT’S RESPONSE TO THE PROSECUTION’S 

MOTION TO STRIKE PRO SE MOTIONS

Now comes Paul Nicoletti, Esq. by and through his Firm, Nicoletti Law PLC, that is appearing for 

the limited and special purpose of filing and arguing the Motions dated June 22, 2018, a Response to 

Defense Counsel’s Motion to Withdraw, and a Response to the Prosecution’s Motion to Strike Pro Se

Motions, and states as follows:

Defendant hereby incorporates his Response [DE 83] by reference. On December 30, 2017, 

Attorney Sarah McKenzie sent an email to Defendant. (Exhibit A) The email confirms the fact that “The 

court, the AUSA, and Bob Harrison spoke and the court represented they would move the deadline.” 

Since Defendant was not privy to the conversation, it remains a mystery what was actually discussed. One 

thing however remains certain; this Writer has NEVER spoken to Bob Harrison, despite multiple attempts 

to do so by Defendant. Exhibit A also make it crystal clear that Defendant was fully prepared to file any 

and all motions, even if the date was moved to 2/20/18, as opposed to the 2/12/18 dated referenced by 

Exhibit A. Attorney Sarah McKenzie also states “I plan on filing the motions when Mike directs me to 

after finalizing.”

Case 2:15-cr-20382-VAR-MKM ECF No. 86, PageID.821 Filed 06/27/18 Page 1 of 3
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Expressing even more concern about the Motion Cutoff Date of 2/20/18, Defendant sent another 

email to Michael Harrison on February 5, 2018, offering assistance in getting the motions filed. (Exhibit 

B) A good two weeks prior to the email set forth in Exhibit B; Defendant received a text message from 

Michael Harrison stating, “I also read the latest iteration of the motion and like it very much...” (Exhibit 

C)

To further illustrate the confusion about whether the Motion Cutoff Date was rescheduled, AUSA 

Craig Weier states in an email dated 12/20/17, “(I can’t remember right now when we rescheduled that 

for...)” (Exhibit D) In any event, all eleven of the motions had been uploaded to Dropbox for filing and 

Michael Harrison viewed them on February 15, 2018. The mere fact that Michael Harrison refused to file 

the drafted and prepared motions, forms in part, the basis for the Defendant’s valid concerns regarding 

Michael Harrison’s legal duties.

To make matters even worse, if possible, on June 26, 2018, in response to a legitimate question 

asked by Defendant, Michael Harrison stated “ON ADVICE OF COUNSEL, I AM NOT TAKING ANY 

FURTHER ACTION ON YOUR BEHALF UNTIL THE MOTION TO WITHDRAW IS HEARD BY 

THE COURT. PLEASE DO NOT CONTACT ME WHILE THIS MOTION IS PENDING.” (Exhibit F) 

Not to mention the numerous violations of the Michigan Rules of Professional Conduct and the Federal 

Rules of Criminal Procedure, Michael Harrison takes it upon himself to suspend his professional duties in 

complete disregard for the severe prejudice being caused by not issuing the Document Subpoenas, that

should have been issued in February 2018 [DE 76].

It should be obvious based on the attached exhibits, that Defendant had no choice but to file the 

pleadings via a limited appearance. Lastly, contrary to the Federal Rules, Local Rules, and this court’s 

practice guidelines, the Prosecutor fails to cite any case law, court rule, or statute that supports the relief 

sought.

Case 2:15-cr-20382-VAR-MKM ECF No. 86, PageID.822 Filed 06/27/18 Page 2 of 3
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Respectfully submitted,

NICOLETTI LAW PLC

June 27, 2018 /s/ Paul J. Nicoletti

____________________________

Paul J. Nicoletti P44419

Limited Appearance as Attorney for 

Defendant

33717 Woodward Avenue, Suite 433

Birmingham, MI 48009

(248) 203-7800

PROOF OF SERVICE

Paul Nicoletti, being first duly sworn deposes and states that on the 27th day of June, 2018, he served a 

copy of the foregoing documents on all parties of record, or their counsel of record, if represented by 

counsel, by ECF/Pacer to their respective addresses.

/s/ Paul J. Nicoletti

____________________________

Case 2:15-cr-20382-VAR-MKM ECF No. 86, PageID.823 Filed 06/27/18 Page 3 of 3