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GLENN B. McCORMICK

Acting United States Attorney District of Arizona

KEVIN M. RAPP (Ariz. Bar No. 014249, kevin.rapp@usdoj.gov) MARGARET PERLMETER (Ariz. Bar No. 024805, margaret.perlmeter@usdoj.gov) PETER S. KOZINETS (Ariz. Bar No. 019856, peter.kozinets@usdoj.gov) ANDREW C. STONE (Ariz. Bar No. 026543, andrew.stone@usdoj.gov) Assistant U.S. Attorneys

40 N. Central Avenue, Suite 1800

Phoenix, Arizona 85004-4408

Telephone (602) 514-7500

DAN G. BOYLE (N.Y. Bar No. 5216825, daniel.boyle2@usdoj.gov) Special Assistant U.S. Attorney

312 N. Spring Street, Suite 1400

Los Angeles, CA 90012

Telephone (213) 894-2426

KENNETH POLITE

Assistant Attorney General 

Criminal Division, U.S. Department of Justice

REGINALD E. JONES (D.C. Bar No. 1620183, reginald.jones4@usdoj.gov) Senior Trial Attorney

Criminal Division, U.S. Department of Justice 1400 New York Ave N.W., Suite 1200

Washington, D.C. 20005

Telephone (202) 616-2807 

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff, 

v. 

Michael Lacey, et al.,

Defendants.

No. CR-18-422-PHX-DJH

UNITED STATES’ UNOPPOSED 

MOTION TO EXTEND DEADLINE 

FOR RESPONDING TO 

DEFENDANTS’ MOTION TO 

DISMISS

(Doc. 1355)

(First Request)

On October 20, 2021, Defendants filed a Motion for Leave to File Excess Pages for 

Defendants’ Joint Motion to Dismiss with Prejudice (Doc. 1354). Defendants’ Motion for 

Leave sought an order directing the Clerk to file the overlength Motion to Dismiss (Doc. 

Case 2:18-cr-00422-DJH Document 1373 Filed 11/02/21 Page 1 of 3
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1355) that Defendants lodged with their Motion for Leave. On October 22, 2021, the 

United States opposed the Motion for Leave (Doc. 1361), and Defendants replied (Doc. 

1364). On November 1, 2021, the Court granted the Motion for Leave (Doc. 1354) and 

ordered that the docket shall reflect, as filed, the Motion to Dismiss (Order, Doc. 1368).

Because the United States’ lead trial counsel, Kevin Rapp, is traveling out of the 

country during the week of November 1, 2021, and to provide the United States with 

sufficient time to complete its response to the 29-page Motion to Dismiss, the United 

States, by and through undersigned counsel, respectfully requests that the Court enter an 

order extending and setting the United States’ deadline to respond to the Motion to Dismiss 

(Doc. 1355) for November 17, 2021.

1

The United States has conferred with defense counsel (Whitney Bernstein) about 

this request. Defense counsel has no objection to extending the United States’ response 

deadline to November 17, 2021. 

Excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion or 

an order based thereon.

A proposed form of Order is being lodged herewith.

Respectfully submitted this 2nd day of November, 2021.

GLENN B. McCORMICK

Acting United States Attorney District of Arizona

s/ Peter S. Kozinets

KEVIN M. RAPP

MARGARET PERLMETER

PETER S. KOZINETS

ANDREW C. STONE

Assistant U.S. Attorneys

DAN G. BOYLE

Special Assistant U.S. Attorney

1 This reflects a two-week extension if the United States’ 14-day response deadline 

were deemed to run from the date the Motion to Dismiss was lodged (October 20, 2021), 

or a two-day extension if the 14-day period runs from the date of the Order (November 1, 2021).

Case 2:18-cr-00422-DJH Document 1373 Filed 11/02/21 Page 2 of 3
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KENNETH POLITE

Assistant Attorney General 

U.S. Department of Justice 

Criminal Division, U.S. Department of Justice

REGINALD E. JONES

Senior Trial Attorney

Criminal Division, U.S. Department of Justice

CERTIFICATE OF SERVICE

I hereby certify that on this 2nd day of November, 2021, I electronically transmitted 

the attached document to the Clerk’s Office using the CM/ECF System for filing and 

transmittal of a Notice of Electronic Filing to the CM/ECF registrants who have entered 

their appearance as counsel of record.

s/ Marjorie Dieckman U.S. Attorney’s Office

Case 2:18-cr-00422-DJH Document 1373 Filed 11/02/21 Page 3 of 3