Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell, #1776 Tucson, Arizona state, USA zip code exempt (formerly DMM 122.32) Under Protest and by Special Visitation with explicit reservation of all rights UNITED STATES DISTRICT COURT JUDICIAL DISTRICT OF ARIZONA IN RE GRAND JURY SUBPOENA ) Case No. GJ-95-1-6 (JMR) SERVED ON ) NEW LIFE HEALTH CENTER COMPANY ) MOTION TO CONTINUE ) ORDER TO SHOW CAUSE _______________________________) HEARING COMES NOW Paul Andrew, Mitchell, Sui Juris, Sovereign Arizona Citizen (hereinafter "Counsel") and Vice President for Legal Affairs of New Life Health Center Company, an Unincorporated Business Trust domiciled in the Arizona Republic (hereinafter the "Company"), to move this honorable Court for a continuance of the hearing in the above entitled case which is currently scheduled for June 17, 1996, at 1:30 p.m. In support of this motion, Counsel states as follows: Motion to Continue Order to Show Cause Hearing: Page 1 of 4 1. Prior to the hearing last Monday at 4:30 p.m. before this Court, Counsel was ordered to appear in the Garfield County Courthouse, Jordan, Montana, at 11:00 o'clock a.m. on the 19th day of June, 1996, to present proof and legal reasons as to why that court has jurisdiction to grant the relief requested by Plaintiff in the case of People v. United States et al. (see attached). 2. Counsel will be traveling on Monday, June 17, 1996, in order to spend a full day on site preparing for the Garfield County hearing, and will be unavailable to attend the hearing scheduled before this Court on that date. 3. Dr. Eugene A. Burns, General Manager of the Company ("Dr. Burns"), has already been scheduled to be out of town during the period starting Friday, June 14, 1996, through and including Monday, June 17, 1996. 4. Dr. Burns reiterates His desire to continue with the effective assistance of His chosen Counsel at all times and places of His choosing in the instant case, and knows from experience that such assistance is difficult, if not impossible, to find in America today, particularly on short notice. 5. Counsel takes this opportunity to inform this Court, and all interested parties, of Dr. Burns' scheduled vacation during the period of July 24, 1996, thru and including August 4, 1996. Counsel respectfully requests that the United States adjust its calendars to accommodate this vacation schedule. 6. Accordingly, on behalf of Dr. Burns, Counsel respectfully requests that the hearing be continued from June 17, 1996. Respectfully submitted on June 12, 1996 /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state and federal witness All Rights Reserved without Prejudice Motion to Continue Order to Show Cause Hearing: Page 2 of 4 PROOF OF SERVICE I, Paul Andrew, Mitchell, B.A., M.S., hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States", that I am at least 18 years of age and a Citizen of one of the United States of America, and that I personally served the following document(s): MOTION TO CONTINUE ORDER TO SHOW CAUSE HEARING by placing said document(s) with exhibits in first class United States Mail, with postage prepaid and properly addressed to the following individuals: ROBERT L. MISKELL John M. Roll Acapulco Building, Suite 8310 U.S. District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona Tucson, Arizona JANET NAPOLITANO Clerk Acapulco Building, Suite 8310 U.S. District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona Tucson, Arizona Grand Jury Foreperson Postmaster In re: New Life Health Center Co. U.S. Post Office 55 E. Broadway Downtown Station Tucson, Arizona Tucson, Arizona Judge Alex Kozinski Evangelina Cardenas Ninth Circuit Court of Appeals "Internal Revenue Service" 125 S. Grand Avenue, Suite 200 300 West Congress Pasadena, California Tucson, Arizona Attorney General Solicitor General Department of Justice Department of Justice 10th and Constitution, N.W. ! 10th and Constitution, N.W. ! Washington, D.C. Washington, D.C. Dated: June 12, 1996 /s/ Paul Andrew Mitchell ____________________________________________ Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state and federal witness All Rights Reserved without Prejudice Motion to Continue Order to Show Cause Hearing: Page 3 of 4 Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell, #1776 Tucson, Arizona state, USA zip code exempt (formerly DMM 122.32) Under Protest and by Special Visitation with explicit reservation of all rights UNITED STATES DISTRICT COURT JUDICIAL DISTRICT OF ARIZONA IN RE GRAND JURY SUBPOENA ) Case No. GJ-95-1-6 (JMR) SERVED ON ) NEW LIFE HEALTH CENTER COMPANY ) ORDER ) _______________________________) Upon motion by the Company, and good cause appearing, IT IS ORDERED that the hearing on the United States' application for Order to Show Cause be continued to ________________________________ at __________________________ in the courtroom of U.S. District Judge John M. Roll, 55 E. Broadway, Tucson, Arizona state; IT IS FURTHER ORDERED, pursuant to the Federal Rules of Criminal Procedure 42(b), that Dr. Eugene A. Burns, Managing Director of New Life Health Center Company ("the Company"), and Mr. Paul Andrew, Mitchell, B.A., M.S., Counsel of record for the Company ("Counsel"), appear at that time and show cause why Dr. Burns and the Company shall not be found in contempt for their response to this Court's Order dated May 3, 1996. Dated this _______________ day of June, 1996. __________________________________________ JOHN M. ROLL, United States District Judge Motion to Continue Order to Show Cause Hearing: Page 4 of 4 # # #
Return to Table of Contents for
In Re Grand Jury Subpoena