1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

1

feder law office, p.a.

2930 e. camelback road, suite 160

phoenix, arizona 85016

(602) 257-0135

bf@federlawpa.com

fl@federlawpa.com

Bruce Feder - State Bar No. 004832

Attorney for Defendant, Scott Spear

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America, )

)

)

Plaintiff, )

)

vs. )

)

)

Scott Spear. )

)

Defendant. )

)

)

)

)

)

)

)

)

)

NO. CR18-00422 PHX SPL

JOINT MOTION (UNOPPOSED) TO

EXTEND TIME FOR RESPONSES AND

REPLIES RE: THE GOVERNMENT’S

(SEALED) MOTION TO COMPEL

DESTRUCTION OF INADVERTENTLY

DISCLOSED DOCUMENTS [343],

MOTION FOR ACCESS TO JOINT

REPRESENTATION AND JOINT

DEFENSE AGREEMENTS

PREVIOUSLY SUBMITTED BY

DEFENDANTS MICHAEL LACEY AND

JAMES LARKIN FOR IN CAMERA

REVIEW [354] AND MOTION FOR

CLARIFICATION RE ORDER TO

RESOLVE ATTORNEY-CLIENT

PRIVILEGE [355]

(SECOND REQUEST)

The Defendant, Scott Spear, by and through his attorney undersigned, with the consent and

joinder of the other defendants and their respective counsel, moves this Court to extend the

deadlines (Second) for Responses and Replies regarding the Government’s (Sealed) Motion to

Compel Destruction of Inadvertently Disclosed Documents [343], Motion for Access to the Joint

Representation and Joint Defense Agreements Previously Submitted by Defendants Michael

Lacey and James Larkin for In Camera Review [354] and Motion for Clarification Re Order to

Case 2:18-cr-00422-DJH Document 397 Filed 11/19/18 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

2

resolve Attorney-Client Privilege [355], to December 21st, 2018 and January 28th, 2019 for the

reasons that:

1. The Government has no objection; and

2. Based on the November 16th, 2018 hearing, and on past actions, Defense Counsel

are in the process of preparing and filing other motions and responses in this District, the Central

District of California and an appeal to the 9th Circuit from the Stay Motion granted in the Central

District of California.

MEMORANDUM OF POINTS AND AUTHORITIES

Defense Counsel are in the process of preparing and filing other motions and responses in

this District, the Central District of California and an appeal to the 9th Circuit from the Stay Motion

granted in the Central District of California, and need additional time to respond to the three

motions recently filed by the Government [343/354/355]. The Government, through its attorney,

Kevin Rapp, has indicated there is no objection to this request. For these reasons, extensions to

December 21st, 2018 for Responses and January 28th, 2018 for Replies are requested.

It is expected that excludable delay pursuant to 18 U.S.C. §3161(h) may occur as a result

of this Motion or from an order based thereon.

RESPECTFULLY SUBMITTED this 19th day of November, 2018.

FEDER LAW OFFICE, PA

/s/ Bruce Feder

Attorney for Scott Spear

LIPSITZ GREEN SCIME CAMBRIA, LLP

/s/ Paul Cambria

Attorney for Michael Lacey

BIENERT MILLER & KATZMAN, PLC

/s/ Tom Bienert

Attorney for James Larkin

PICCARRETA DAVIS KEENAN FIDEL, PC

/s/ Michael Piccarreta

Attorney for Andrew Padilla

Case 2:18-cr-00422-DJH Document 397 Filed 11/19/18 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

3

KIMERER & DERRICK, PC

/s/ Michael Kimerer

Attorney for Jed Brunst

BIRD MARELLA BOXER WOLPERT NESSIM

DROOKS LINCENBERG & RHOW, PC

/s/ Gary Lincenberg

Attorney for Jed Brunst

KARP & WEISS, PC

/s/ Stephen Weiss

Attorney for Joye Vaught

CERTIFICATE OF SERVICE

I hereby certify that on the 19th day of November, 2018, I electronically transmitted the

foregoing to the Clerk of the Court via the CM/ECF system for filing and transmittal of a Notice

of Electronic Filing to the following CM/ECF registrants:

Kevin Rapp: Kevin.Rapp@usdoj.gov

Andrew Stone: Andrew.Stone@usdoj.gov

Margaret Perlmeter: Margaret.Perlmeter@usdoj.gov

John Kucera: John.Kucera@usdoj.gov

Reginald Jones: Reginald.Jones@usdoj.gov

Peter S. Kozinets: Peter.Kozinets@usdoj.gov

Attorneys for the United States

Paul Cambria: pcambira@lglaw.com

James Grant: jimgrant@dwt.com

Erin McCampbell: emccampbell@lglaw.com

Robert Corn-Revere: bobcornrevere@dwt.com

Ronald London: ronnielondon@dwt.com

Janey Henze Cook: janey@henzecookemurphy.com

John Littrell: jlittrell@bmkattorneys.com

Kenneth Miller: kmiller@bmkattorneys.com

Michael Piccarreta: mlp@pd-law.com

Stephen M. Weiss: sweiss@karpweiss.com

Michael Kimerer: mdk@kimerer.com

Tom Bienert: tbienert@bmkattorneys.com

Gary Lincenberg: gsl@birdmarella.com

Ariel Neuman: aneuman@birdmarella.com

Attorneys for the Defense

By: /s/ A. Jones

Case 2:18-cr-00422-DJH Document 397 Filed 11/19/18 Page 3 of 3