Letter to Magistrate Judge Elizabeth A. Pascal — United States v. Eric Rivera, et al. (D.N.J., Document 30)
Summary
Letter from Assistant United States Attorney Daniel A. Friedman to Magistrate Judge Elizabeth A. Pascal, District of New Jersey, dated May 30, 2024, in United States v. Eric Rivera, et al., Crim. No. 24-267 (KMW). It says defendants Eric Rivera, Adrienne Ponzo, and James Wessels were indicted on April 17, 2024, and that Rivera has not complied with the deadline in the Court's text order for verification of employment and entry of private counsel's appearance. It adds that no hard drives for discovery were provided as the scheduling order required, so the Government has been unable to provide discovery to Rivera. The Government asks the Court to set a status conference.
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“Letter to Magistrate Judge Elizabeth A. Pascal — United States v. Eric Rivera, et al. (D.N.J., Document 30).”
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Case 1:24-cr-00267-KMW Document 30 Filed 05/30/24 Page 1 of 2 PageID: 232
U.S. Department of Justice
United States Attorney
District of New Jersey
PHILIP R. SELLINGER 401 Market Street, Fourth Floor
United States Attorney Camden, New Jersey 08101-2098
DANIEL A. FRIEDMAN Direct Dial: 856.968.4867
Assistant United States Attorney Email: Daniel.friedman2@usdoj.gov
May 30, 2024
Honorable Elizabeth A. Pascal
United States Magistrate Judge
Mitchell H. Cohen Federal Courthouse
One John F. Gerry Plaza, Fourth & Cooper Streets
Camden, New Jersey 08101
Re: United States v. Eric Rivera, et al. Crim. No. 24-267 (KMW)
Dear Judge Pascal:
Defendants Eric Rivera, Adrienne Ponzo, and James Wessels were indicted on
April 17, 2024. On April 23, 2024, this Court conducted an arraignment of Eric Rivera.
At the conclusion of the arraignment, the Court issued the following order:
TEXT ORDER: Having conducted an arraignment with Defendant Eric
Rivera, and the Court noting that Pretrial Services has not received
verification of employment from Defendant since July 21, 2023, as required
by his conditions of release, the Court ORDERS Defendant to submit
verification of employment to Pretrial Services no later than April 30, 2024.
In addition, Defendant having notified the Court that he has retained private
counsel, private counsel shall enter his appearance on the docket no later
than May 7, 2024. So Ordered by Magistrate Judge Elizabeth A. Pascal on
4/24/2024.
ECF No. 27.
Rivera has not complied with the deadline ordered by the Court. Private counsel
has not entered an appearance on the docket, and on May 30, 2024, Rivera’s anticipated
private counsel communicated to the undersigned that they had not yet been retained by
Rivera.1
1 On May 30, 2024, Rivera’s Pretrial Services officer advised the undersigned that Rivera
had not yet provided satisfactory verification of employment to Pretrial Services.
Pretrial Services has given Rivera a new deadline of June 3, 2024 to provide the
necessary materials.
Case 1:24-cr-00267-KMW Document 30 Filed 05/30/24 Page 2 of 2 PageID: 233
In addition, the scheduling order agreed to by the parties and signed by Judge
Williams required each defendant to provide hard drives capable of receiving discovery to
the Government on or before May 8, 2024. ECF No. 29. Neither Rivera nor his counsel
of record has provided hard drives to the Government; accordingly, the Government has
been unable to provide discovery to Rivera.
The Government respectfully requests the Court set a status conference to address
these issues.
Respectfully submitted,
PHILIP R. SELLINGER
United States Attorney
/s/ Daniel A. Friedman
By: DANIEL A. FRIEDMAN
JASON M. RICHARDSON
Assistant U.S. Attorneys
cc: Thomas Burke, Esq. (Via ECF)
Nicholas Zotti, U.S. Pretrial Services Officer (Via Email)
2
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