Request for Leave to File Reply Brief in Support of Government's Ex Parte Application — USA v. Ayvazyan et al. (Dkt. 99, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 99 · 2020-12-21 · Docket on CourtListener

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NICOLA T. HANNA 
United States Attorney 
BRANDON D. FOX 
Assistant United States Attorney 
Chief, Criminal Division 
JULIAN L. ANDRÉ (Cal. Bar No. 251120) 
Assistant United States Attorney 
Major Frauds Section 
1100 United States Courthouse 
312 North Spring Street 
Los Angeles, California 90012 
Telephone: (213) 894-6683 
Facsimile: (213) 894-6269 
E-mail: 
Julian.L.Andre@usdoj.gov 
 
DANIEL A. KAHN 
Acting Chief, Fraud Section 
Criminal Division, U.S. Department of Justice 
CHRISTOPHER FENTON 
Trial Attorney, Fraud Section 
Criminal Division, U.S. Department of Justice 
1400 New York Avenue NW, 3rd Floor 
Washington, DC 20530 
Telephone: (202) 302-0539 
Facsimile: (202) 514-0152 
E-mail: 
Christopher.Fenton@usdoj.gov 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
RICHARD AYVAZYAN, 
aka “Richard Avazian” and 
    “Iuliia Zhadko,” 
MARIETTA TERABELIAN, 
  aka “Marietta Abelian” and     
      “Viktoria Kauichko,” 
ARTUR AYVAZYAN, 
aka “Arthur Ayvazyan,” and 
TAMARA DADYAN, 
 
Defendants. 
 No. CR 20-579-SVW 
 
GOVERNMENT’S REQUEST FOR LEAVE TO 
FILE A REPLY BRIEF IN SUPPORT OF 
ITS EX PARTE APPLICATION FOR 
(1) CONTINUANCE OF TRIAL DATE AND 
(2) FINDINGS OF EXCLUDABLE TIME 
PURSUANT TO THE SPEEDY TRIAL ACT 
 
GOVERNMENT’S REPLY BRIEF LODGED 
CONCURRENTLY HEREWITH 
 
  
 
 
Case 2:20-cr-00579-SVW     Document 99     Filed 12/21/20     Page 1 of 3   Page ID #:639

 
 
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Plaintiff the United States of America, by and through its 
counsel of record, the United States Attorney for the Central 
District of California, Assistant United States Attorney Julian L. 
André, and Department of Justice Trial Attorney Christopher Fenton, 
hereby seeks leave to file the concurrently lodged reply brief in 
support of its ex parte application for entry of an order: 
(1) continuing the trial date in this matter; and (2) excluding time 
from the Speedy Trial Act calculation for excludable delay. 
The government’s proposed reply brief is necessary to respond to 
certain arguments defendant RICHARD AYVAZYAN (“R. AYVAZYAN”) made in 
his opposition, namely, defendant R. AYVAZYAN’s affirmative request 
that the Court set certain pretrial deadlines, including a December 
22, 2020 discovery cutoff, and then exclude government evidence if 
those new deadlines are not met.  Specifically, the government seeks 
to: 
 Provide the Court with an update regarding the status of the 
government’s efforts to produce discovery to defendants in 
this matter.   
 Respond to defendant R. AYVAYZAN’s inaccurate claims 
regarding the government’s efforts to produce discovery to 
defendants in this matter. 
 Respond to defendant R. AYVAZYAN’s argument that The 
Honorable John F. Walter’s ruling in United States v. Cai, 
No. CR 19-761-JFW (C.D. Cal.) supports defendants’ request 
that the Court impose a December 22, 2020 discovery cutoff 
and, and then sanction the government for failing to comply 
with those new pretrial deadlines.   
Case 2:20-cr-00579-SVW     Document 99     Filed 12/21/20     Page 2 of 3   Page ID #:640

 
 
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The government’s proposed reply brief does not focus on the 
government’s request for a continuance of the trial date or the 
issuance of findings of excludable time under the Speedy Trial Act, 
as those issues were already addressed in the government’s initial ex 
parte application.  
On the evening of December 20, 2020, the government emailed 
counsel for each of the defendants to obtain their respective 
positions regarding the government’s request for leave to file a 
reply brief.  As of the time of this filing, defendants’ counsel have 
not responded to the government’s email and their positions regarding 
this request is unknown.   
Dated: December 21, 2020 
Respectfully submitted, 
 
NICOLA T. HANNA 
United States Attorney 
 
BRANDON D. FOX 
Assistant United States Attorney 
Chief, Criminal Division 
 
 
      /s/ 
 
JULIAN L. ANDRÉ 
Assistant United States Attorney 
CHRISTOPHER FENTON 
Department of Justice Trial Attorney 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
Case 2:20-cr-00579-SVW     Document 99     Filed 12/21/20     Page 3 of 3   Page ID #:641

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