Pandemic Darlings The pandemic economy, in original documents
Home Source documents Defendant's Unopposed Motion to Continue Arraignment — United States v. Summerfield (E.D.N.C., Dkt. 13)

Defendant's Unopposed Motion to Continue Arraignment — United States v. Summerfield (E.D.N.C., Dkt. 13)

Summary

Defendant's unopposed motion to continue arraignment, filed April 2, 2025 as Document 13 in United States v. Mitchell Summerfield, Case No. 5:25-CR-00022-BO, in the United States District Court for the Eastern District of North Carolina, Western Division. The motion asks to move the arraignment from the April 14, 2025 calendar to a future criminal term, stating that Mr. Summerfield has agreed to plead guilty to a criminal information charging one count of conspiracy to commit wire and bank fraud (DE 1). It states that counsel is scheduled to fly out of Raleigh to Indianapolis on the afternoon of April 14 for client-related travel on another matter, and that the government does not object. The signature block shows /s/ Kelly Margolis Dagger, Retained Counsel for Defendant Mitchell Summerfield.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Defendant's Unopposed Motion to Continue Arraignment — United States v. Summerfield (E.D.N.C., Dkt. 13).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-e-d-n-c-no-5-25-cr-00022-dkt-13-e-d-n-c-e8feb13875/, SHA-256 e43c52217b49df4c45b3c5d57bbf3a3ed3155d92a7dc4b8f7fc29733fd20e7f9.

Full text

               IN THE UNITED STATES DISTRICT COURT
           FOR THE EASTERN DISTRICT OF NORTH CAROLINA
                         WESTERN DIVISION
                      CASE NO. 5:25-CR-00022-BO

UNITED STATES OF AMERICA                      )
                                              )      DEFENDANT’S
      v.                                      )      UNOPPOSED MOTION TO
                                              )      CONTINUE ARRAIGNMENT
MITCHELL SUMMERFIELD,                         )
                                              )
                   Defendant.                 )

      Defendant Mitchell Summerfield, through counsel, hereby moves the court

to continue the arraignment date in this matter from the April 14, 2025 calendar to

a future criminal term. In support of this motion, Mr. Summerfield respectfully

shows the following:

      1.     Mr. Summerfield has agreed to plead guilty to a criminal information

charging one count of conspiracy to commit wire and bank fraud. (DE 1).

      2.     Undersigned counsel was retained to represent Mr. Summerfield and

filed a notice of appearance on January 28, 2025. (DE 6).

      3.     Pursuant to the Court’s notice, the arraignment in this matter is set for

April 14, 2025, in Elizabeth City.

      4.     Undersigned counsel is scheduled to fly out of Raleigh to Indianapolis

on the afternoon of April 14 for client-related travel on another matter. Counsel

cannot appear at the arraignment and return to Raleigh in time to make her flight.

Counsel apologizes, as she acknowledges that this is the second time she has had to


       Case 5:25-cr-00022-BO      Document 13     Filed 04/02/25   Page 1 of 4
seek a continuance due to her own scheduling conflicts. Mr. Summerfield has

been responsive and cooperative with counsel, and he has appeared for all

meetings with counsel as requested. Therefore, counsel is confident that

Mr. Summerfield will appear for court when directed even if the arraignment is

continued. To allow counsel to be available to represent Mr. Summerfield at

arraignment, Mr. Summerfield reasonably requires a continuance of the

arraignment date to a future criminal term.

      5.     Undersigned counsel has consulted with counsel for the Government,

and the Government does not object to the relief sought by this motion.

      6.     This motion is made in good faith and not for the purposes of delay.

The ends of justice served by granting the continuance outweigh the best interests

of the public and the defendant in a speedy trial.

      For the foregoing reasons, Defendant Mitchell Summerfield respectfully

requests that the Court continue his arraignment from the April 14, 2025, calendar

to a future criminal term.




                                          2


       Case 5:25-cr-00022-BO      Document 13        Filed 04/02/25   Page 2 of 4
This the 2nd day of April, 2025.

                                       ELLIS & WINTERS LLP

                                       /s/ Kelly Margolis Dagger
                                       Kelly Margolis Dagger
                                       N.C. State Bar No. 44329
                                       kelly.dagger@elliswinters.com
                                       Post Office Box 33500
                                       Raleigh, North Carolina 27636
                                       Telephone: (919) 865-7000
                                       Facsimile: (919) 865-7010

                                       Retained Counsel for Defendant
                                       Mitchell Summerfield




                                   3


Case 5:25-cr-00022-BO     Document 13     Filed 04/02/25   Page 3 of 4
                         CERTIFICATE OF SERVICE

      The undersigned hereby certifies that the foregoing was filed with the clerk

of court using the CM/ECF system, which will send notice of such filing to all

CM/ECF users who have made an appearance in this case.

      This the 2nd day of April, 2025.

                                             ELLIS & WINTERS LLP

                                             /s/ Kelly Margolis Dagger
                                             Kelly Margolis Dagger
                                             N.C. State Bar No. 44329
                                             kelly.dagger@elliswinters.com
                                             Post Office Box 33500
                                             Raleigh, North Carolina 27636
                                             Telephone: (919) 865-7000
                                             Facsimile: (919) 865-7010

                                             Retained Counsel for Defendant
                                             Mitchell Summerfield




                                         4


       Case 5:25-cr-00022-BO    Document 13     Filed 04/02/25   Page 4 of 4

File and source

File
13.pdf
Size
35,138 bytes
SHA-256
e43c52217b49df4c45b3c5d57bbf3a3ed3155d92a7dc4b8f7fc29733fd20e7f9
Our copy
13.pdf
Original
archive.org
Back to top