Unopposed Motion to Continue trial by Daniel Joseph Tisone — USA v. Tisone (Dkt. 49, M.D. Fla. No. 2:22-mj-01043, docketed in No. 2:22-cr-00039)

Summary

Document 49, filed 07/22/22 in Case No. 2:22-CR-39-SPC-NPM in the U.S. District Court for the Middle District of Florida, Fort Myers Division, is a two-page unopposed motion by Daniel Joseph Tisone to continue his trial date. The trial is set for August 1, 2022 and the change of plea for July 29, 2022. Counsel says the case remains in a plea posture, but a surgery that insurance just approved can only be scheduled for July 29, the same day as the plea hearing, with about a week of bed rest afterward. The motion asks to reset the trial for September so he can recover and then change his plea before the new date. It adds that AUSA Trenton Reichling has no objection.

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA  
CASE NO.: 2:22-CR-39-SPC-NPM 
 
vs. 
 
 
 
 
 
 
 
DANIEL JOSEPH TISONE 
 
 
 
 
 
/ 
UNOPPOSED MOTION TO CONTINUE TRIAL DATE 
COMES NOW the defendant, Daniel Joseph Tisone, by and through undersigned 
counsel, pursuant to the Federal Rules of Criminal Procedure and files this, his Unopposed 
Motion to Continue Trial Date.   In support thereof, the defendant alleges the following: 
1. This matter is currently set for trial on August 1, 2022. 
2. The defendant’s change of plea is currently set for July 29, 2022. 
3. While this case remains in a plea posture, undersigned will be seeking to alter the 
change of plea date and also, is hereby requesting that the trial date be continued. 
4. Mr. Tisone went to the ENT last week to follow up on a CT scan that he had for 
his sinuses. He’s had severe sleeping and breathing issues for approximately two 
years as a result of a previously failed deviated septum surgery. The doctor 
ordered a Sinus Surgery, requiring general anesthesia, to remove problematic 
bone and tissue. 
5. On the afternoon of July 21, 2022, Mr. Tisone’s doctor informed him that his 
insurance approved the surgery but the only time slot available for the procedure 
was on July 29th at 11 am at the Surgery Center of Naples. The procedure date 
directly conflicts with the change of plea date.  
6. After the procedure, Mr. Tisone will be on bedrest for a week and expects to have 
approximately three weeks of post-surgery symptoms like bruising and bleeding.  
7. Mr. Tisone doesn’t want to miss the opportunity to have his surgery on the 29th. 
To finally secure this date, he’s had to endure numerous doctor visits, tests, scans, 
etc. over a two year period, finally resulting in insurance agreeing to cover it.   
8. If the matter was reset for trial in September, it would afford Mr. Tisone sufficient 
time to undergo and recover from the procedure and then allow him to set this for 
a change of plea before the new September trial date.  
Case 2:22-cr-00039-SPC-NPM     Document 49     Filed 07/22/22     Page 1 of 2 PageID 202

9. Undersigned respectfully requests that this motion for a continuance of the trial 
date be granted. Undersigned assures the Court that the request is not being made 
to unduly delay the proceedings. Mr. Tisone has every intention of changing his 
plea on the new change of plea date that undersigned hopes to secure shortly. 
10. AUSA Trenton Reichling has no objection to the Court granting this motion.   
WHEREFORE, based upon the above and foregoing, the Defendant respectfully 
requests this Court to grant the instant motion. 
 
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically 
filed this 22nd day of July, 2022.  
Respectfully submitted, 
 
 
 
 
 
LAW OFFICES OF MARK EIGLARSH 
 
 
 
 
 
3107 Stirling Road 
 
 
 
 
 
Suite 207 
 
 
 
 
 
Fort Lauderdale, Florida 33312 
 
 
 
 
 
Telephone: (954) 500-0003 
 
 
 
 
 
Facsimile:  (305) 674-0102 
 
 
 
 
 
Email: Mark@EiglarshLaw.com  
 
 
 
 
 
 
BY: _/S/_MARK EIGLARSH______________ 
 
 
 
 
 
 
MARK EIGLARSH 
 
 
 
 
 
 
Florida Bar No.: 956414 
 
 
Case 2:22-cr-00039-SPC-NPM     Document 49     Filed 07/22/22     Page 2 of 2 PageID 203

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