Case 1:10-cr-00200-LMB Document 102 Filed 12/10/10 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA, :
:
v. : Case No. 1:10cr200 (LMB)
:
LEE BENTLEY FARKAS, :
:
Defendant. :
MEMORANDUM IN SUPPORT OF DEFENDANT’S
MOTION TO AMEND DECEMBER 10, 2010 RULING
CONTINUING MOTION AND TRIAL DATES
COMES NOW the defendant, LEE BENTLEY FARKAS (hereinafter Mr.
Farkas), by counsel, and submits this, his memorandum in support of his motion to
amend the December 10, 2010 ruling made by this Court, in which this Court continued
motion and trials dates, specifically including an April 4, 2011 trial date, to reflect dates
two (2) weeks later, including a trial date in this matter of April 18, 2011.
ARGUMENT
Bruce Rogow, Esquire is a member of Mr. Farkas’s defense team, even though he
has not yet entered his appearance in this case. The undersigned counsel consulted with
Mr. Rogow to determine his good trial dates on and after May 23, 2011. In the motion
giving rise to the December 10, 2010 order, Mr. Farkas’s counsel sought a continuance of
the trial date in this matter to a date no earlier than May 23, 2011, and the Government
agreed with that position. As a result, Mr. Rogow, who was not present at the hearing on
December 10, 2010, did not provide his good dates in April 2011. After this Court
Case 1:10-cr-00200-LMB Document 102 Filed 12/10/10 Page 2 of 3
entered its December 10, 2010 order continuing this case only to April 4, 2011, the
undersigned counsel returned to his office and advised Mr. Rogow of the new trial date.
Mr. Rogow immediately responded that he was unavailable as early as April 4, 2011, but
could be available to start trial on April 18, 2011 (two (2) weeks later).
The conflict with Mr. Rogow’s schedule arises because Mr. Rogow is a professor
at Nova Southeastern University Law Center in Fort Lauderdale, Florida. His short
resume is attached hereto as Exhibit A. During this winter semester he is teaching Civil
Procedure and Federal Jurisdiction, on Tuesdays and Thursdays from 3:00 p.m. to 7:45
p.m. His last day of class is April 21, 2011, but he has indicated that he can rearrange
that schedule to be available to start trial on April 18, 2011.
Counsel for Mr. Farkas has consulted with counsel for the Government, and
counsel for the Government represented that the Government did not oppose the
defendant’s motion to amend, and that the Government believes this matter should be
decided on the pleadings, without any oral appearance.
CONCLUSION
For the reasons set forth above, Mr. Farkas’s motion, unopposed by the
Government, should be granted.
Respectfully submitted,
LEE BENTLEY FARKAS
By: /s/
WILLIAM B. CUMMINGS, ESQUIRE
VA Bar No. 6469
Counsel for LEE BENTLEY FARKAS
WILLIAM B. CUMMINGS, P.C.
Post Office Box 1177
2
Case 1:10-cr-00200-LMB Document 102 Filed 12/10/10 Page 3 of 3
Alexandria, Virginia 22313
(703) 836-7997
Fax (703) 836-0238
wbcpclaw@aol.com
CERTIFICATE OF SERVICE
I hereby certify that on the 10th day of December, 2010, I electronically filed the
foregoing with the Clerk of Court using the CM/ECF system, which will send a
notification of such filing (NEF) to at least the following registered ECF users:
Paul J. Nathanson, Esquire
paul.nathanson@usdoj.gov
Charles Connolly, Esquire
charles.connolly@usdoj.gov
United States Attorney’s Office for
the Eastern District of Virginia
2100 Jamieson Avenue
Alexandria, Virginia 22314
/s/
WILLIAM B. CUMMINGS, ESQUIRE
VA Bar No. 6469
Attorney for LEE BENTLEY FARKAS
WILLIAM B. CUMMINGS, P.C.
Post Office Box 1177
Alexandria, Virginia 22313
(703) 836-7997
Fax (703) 836-0238
wbcpclaw@aol.com
