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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Case No. 11–cr–000335-001-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

WAUNITA WEINGART,

Defendants.

UNOPPOSED MOTION TO EXTEND MOTIONS FILING DEADLINE

Comes now the Defendant, Waunita Weingart, by and through her attorney,

Martin Stuart, and moves this Court for an order to extend her motions filing deadline by 

one week and to extend the corresponding government response deadline by the same 

period of time. As grounds Ms. Weingart states the following:

1. On March 12, 2012, Ms. Weingart filed a motion to extend her motions 

filing deadline (doc. 68) due to new counsel being appointed the same day motions 

were due. On April 10, 2012, the Court granted Ms. Weingart’s motion in part and set a 

new motions filing deadline for July 2, 2012, and a due date of July 16, 2012, for 

government responses (doc. 84). During the same hearing the Court denied Ms. 

Weingart’s motion to continue her trial date (doc. 81), in part finding that new counsel 

should be able to benefit from work prior counsel had done on Ms. Weingart’s behalf.

2. Defense counsel has been diligently working on reviewing discovery and 

preparing for the filing of motions, although he believes a brief one week extension of 

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the filing deadline is necessary to complete the required tasks and to provide effective 

assistance of counsel. During the April 10, 2012, hearing on motions, the Court 

inquired of defense counsel whether he had been in contact with prior counsel in order

to obtain documents and other materials that had been created during prior counsel’s 

several months of work on Ms. Weingart’s case. Defense counsel responded that he 

had been in contact with prior counsel and that there did not appear to be any

documents that would assist him. Subsequent to that hearing defense counsel again 

contacted prior counsel to again inquire if any materials could be obtained to assist in 

his review of discovery, investigation, preparation of motions, or other work to prepare 

for trial that might assist new counsel. Ms. Weingart’s prior counsel again confirmed 

that no work was done to prepare motions, no investigation was conducted, and the 

only document created involved research on potentially applicable United State 

Sentencing Guideline (USSG) calculations.

3. Assistant United States Attorney Linda Kaufman does not oppose this 

request.

WHEREFORE, Ms. Weingart respectfully requests that this Honorable Court enter 

an order extending her motions filing deadline to July 9, 2012, and the government’s 

response deadline to July 23, 2012.

Respectfully submitted,

Dated: June 22, 2012 By: s/Martin Stuart_____ 

MARTIN STUART, counsel for Ms. 

Weingart

 PortmanStuart, LLC

955 Bannock Street, suite 200

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 Denver, CO 80204

 Phone 303-355-6789

 Fax 303-623-0714

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CERTIFICATE OF SERVICE

I hereby certify that on this 22nd day of June 2012, I electronically filed the 

foregoing with the Clerk of the Court using the CM/ECF system which will send 

notification of such filing to the following e-mail addresses: 

Linda Kaufman

Assistant United States Attorney

1225 17th St., Ste. 700

Denver, CO 80202

Linda.kaufman@usdoj.gov

William Taylor

Attorney or John Gallegos

303 16th Street, #200

Denver, CO 80202

wltaylorpc@gmail.com

Paula Ray

Attorney for Alois Craif Weingart

1801 Broadway, suite 1100

Denver, CO 80202

paulamray@earthlink.net

/s/ Martin Stuart________

Martin Stuart

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