UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK COPY UNITED STATES OF AMERICA ORDER OF CONTINUANCE JOSEPH PERCOCO, a/k/a “Herb,” : ALAIN KALOYEROS, 16 Mag. 6005 a/k/a “Dr. K,” : PETER GALBRAITH KELLY, JR., a/k/a “Braith,” STEVEN AIELLO, JOSEPH -GERARDI, LOUIS CIMINELLI, MICHAEL LATPPLE, and KEVIN SCHULER, Upon the application of the United States of america and the affirmation of Janis M. Echenberg, Assistant United States Attorney for the Southern District of New York, it is found that JOSEPH PERCOCO, a/k/a “Herb,” ALAIN KALOVEROS, a/k/a ‘Dr. K,” PETER GALBRAITH KELLY, JR., a/k/a “Braith,” STEVEN AIELLO, JOSEPH GERARDI, LOUIS CIMINELLI, MICHAEL LAIPPLE, and KEVIN SCHULER, the defendants, were arrested on September 22, 2016 pursuant to a complaint dated september 20, 2016. The complaint charged the defendants as follows: (i) PERCOCO was charged with violating Title 18, United States Code, Sections 666, 1349, 1951 and 2; (ii) KALOYEROS was charged with violatingTitle 18, United States Code, Section 1349; (iii) KELLY was charged with violating Title 18, United States Code, Sections 666, 1349 and 2; (iv) AIELLO and GERARDI were charged violating Title 18, United states Code, Sections 666, 1001, 1349 and 2; and (v) CIMINELLI, LAIPPLE and SCHULER were charged with violating Title 18, United States Code, Sections 666, 1349, and 2 It is further found that the defendants were presented as follows: (i) on September 22, 2016, PERCOCO, who was represented by Barry Bohrer, Esq., KALOYEROS, who was represented by Michael Miller, Esq., and KELLY, who was represented by Dan Gitner, Esq., were presented before Magistrate Judge Sarah Netburn, and released on bail conditions; (44) on October 3, 2016, CIMINELLI, who was represented by Daniel Oliverio, Esq., LAIPPLE, who was represented by Herbert Greenman, Esq., and SCHULER, who was represented by Terrence Connors, Esq., were presented before Magistrate Judge Ronald L, Bllis, and released on bail ‘conditions; and (iii) on October 14, 2016, ATELLO and GERARDI, who were both represented by Stephen Coffey, Esq., were presented before Magistrate Judge Barbara Moses, and released on bail conditions.* 2 when initially arrested on September 22, 2016, CIMINBLLI, LATPPLE, and SCHULER were presented before a Magistrate Judge in the Western District of New York, while AIELLO and GERARDI were presented before a Magistrate Judge in the Northern District of New York.It is further found that counsel for the Government have been engaged, and continue to be engaged in, discussions concerning possible dispositions in this case with counsel for the defendants; It is further found that the Government has requested a continuance of 30 days with respect to PERCOCO, KALOYEROS, KELLY, CIMINELLI, LATPPLE and SCHULER, and a continuance of nine days with respect to ‘AIELLO and GERARDI, to engage in further discussions with counsel about the disposition of this case and that each of the defendants, through counsel, has consented that such a continuance may be granted for that purpose and has specifically waived his respective right to be charged in an indictment or information for an additional 30 days or nine days as the case may be; and It is further found that the granting of such a continuance best serves the ends of justice and outweighs the best interests of the public and the defendant in a speedy trial; and therefore it isORDERED that the request for a-continuance pursuant to 18 U.S.C. § 3161(h) (7) (A) is -hereby granted until November 23, 2016, and that a copy of this Order and the affirmation of Assistant United States Attorney Janis M. Echenberg be served by mail on this date on counsel for the defendant by the United states Attorney's Office. Dated: New York, New York October 24, 2016 S/Kevin Nathaniel Fox HONORABLE KEVIN NATHANIEL FOX UNITED STATES, MAGISTRATE, JUDGE