U.S. v Khobragade: Agreement to waive indictment deadline

In a request to federal court in New York, the attorney for Devyani Khobragade said that "significant communications ... between the prosecution and the defense and amongst other government officials" could be undermined if the indictment threshold is crossed. Read more about the offer

ARSHACK, HAJEK & LEHRMAN, PLLC
1790 BROADWAY, 7TH FLOOR
NEW YORK, NEW YORK 10019
TEL: 212-582-6500
FAX: 212-459-0568

January 6, 2014

By Fax – 212-805-4060
Hon. Magistrate Judge Sarah Netburn
United States District Court for
The Southern District of New York
500 Pearl Street
New York, New York 10007
Re: U.S. v. Devyani Khobragade – 13 Mag. 2870
Dear Magistrate Judge Netburn:
Please consider this request to postpone the preliminary hearing date in this matter
currently scheduled for January 13, 2014.
Dr. Khobragade, a diplomat employed by the Government of India, was arrested on
December 12, 2013. She was present before the court following her arrest on a criminal
complaint and the case was adjourned to January 13, 2014 for indictment or preliminary
hearing.
Significant communications have been had between the prosecution and the defense
and amongst other government officials and it is our strong view that the pressure of the
impending deadline is counterproductive to continued communications. We have
conferred with the prosecution concerning extending the deadline and have been
informed that they will not seek an extension of the deadline. We therefore, wish to
inform the court that we waive the 30 day time limit set by the court on December 12,
2013 because we believe that the time limit is interfering with the parties ability to
continue to have meaningful discussions. Consistent with FRCP 5.1(d) we believe that
making such a request under these circumstances constitutes good cause and is in “the

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public interest” since it is in the interest of justice, not to mention judicial economy, to
promote and encourage the very sort of discussions which have taken place to date.
We request that the court extend the deadline by 30 days to and including February
12, 2014.
Sincerely,

Daniel N. Arshack
Counsel to Devyani Khobragade
Cc: AUSA Amanda Kramer -- by email
Lisa Chan- Pretrial Services -- by email

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