United States of America v. EsformesMOTION Motion to Waive Appearance at Status Conference scheduled for November 4, 2016S.D. Fla.November 2, 2016 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 16-23148-CIV-WILLIAMS UNITED STATES OF AMERICA, Plaintiff, v. PHILIP ESFORMES, Defendant. ________________________________/ DEFENDANT’S MOTION TO WAIVE APPEARANCE AT STATUS CONFERENCE Defendant, Philip Esformes respectfully requests that the Court waive his appearance at the November 4, 2016 status hearing. Because Mr. Esformes has been detained prior to trial, attending the status hearing is a hardship. Particularly, each time Mr. Esformes goes to Court he is forced to go the entire day without food because the US Marshals do not provide Kosher meals and FDC Miami will not hold his meals pending his return to the prison. Counsel has contacted Government counsel, Susan Torres and Jessica Elliot regarding the Government’s position on this motion. Counsel was alerted by an out of office automatic reply that both, Ms. Torres and Ms. Elliot, are out of the office for the next two days. As such, counsel has received no response. Wherefore, Defendant Philip Esformes, respectfully requests that this Court waive his appearance at the November 4, 2016 status conference. Dated: November 2, 2016 Case 1:16-cv-23148-KMW Document 60 Entered on FLSD Docket 11/02/2016 Page 1 of 2 TACHE, BRONIS, CHRISTIANSON AND DESCALZO, P.A. Counsel for Philip Esformes 150 S.E. 2nd Avenue Suite 600 Miami, Florida 33131 Telephone: (305) 537-9565 Facsimile: (305) 537-9567 By: /s/ Marissel Descalzo Marissel Descalzo Florida Bar No. 669318 mdescalzo@tachebronis.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing document was served this 2nd day of November, 2016 via CM/ECF. By: /s/ Marissel Descalzo Marissel Descalzo Case 1:16-cv-23148-KMW Document 60 Entered on FLSD Docket 11/02/2016 Page 2 of 2
