UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
July 30, 2007
UNITED STATES OF AMERICA, PLAINTIFF,
AQUIL PETERSON, ET AL. DEFENDANTS.
The opinion of the court was delivered by: Hon. Maxine M. Chesney
DEFENDANT ARMOUR'S REQUEST TO BE EXCUSED FROM COURT APPEARANCE DUE TO PHYSICAL INJURY AND (Proposed) ORDER
The defendant DONALD ARMOUR, through his above-listed counsel of record, hereby files this request to be excused from personally appearing at the next-scheduled court appearance on this matter, on Wednesday, August 1, 2007
1. Armour informed counsel at 8:00 a.m. on this date that this past Friday, July 27, 2007, he broke his knee while playing with his children. He informed counsel that he is awaiting surgery on the knee, which may involve placement of one or more pins in his knee. He was told he would be unable to return to work for up to 6 weeks. He informed counsel that he is currently in some pain.
2. Armour requested that counsel inform the court of this development and request that he be excused from the court hearing on August 1, 2007. Armour has no motions on file that are noticed for this hearing date. Counsel and Armour discussed the matters on the calendar for this hearing, and Armour informed counsel that he waived any right to be personally present at this hearing.
3. Armour informed counsel that United States Pretrial Services is aware of this development. Armour's wife confirmed this information to counsel and informed counsel that she had been in contact with the pretrial services officer.
4. Counsel had left a telephone message with the United States Pretrial Services officer of this information. To counsel's knowledge, Armour is in compliance with his pre-trial release conditions and has attended all prior required court appearances.
5. Counsel asks that the late filing of this request be excused in light of the fact that Armour's injury occurred just this past Friday, July 27, 2007.
6. A proposed order in attached hereto.
FOR GOOD CAUSE SHOWN, the defendant DONALD ARMOUR is excused from personally attending the court hearing scheduled in this matter for this Wednesday, August 1, 2007.
HON. MAXINE M. CHESNEY United States District Judge
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