ORDER DENYING DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO DISQUALIFY
KAY, Chief Judge.
BACKGROUND
On January 4, 1999, Defendant's attorney Michael A. Weight gave a document entitled "Defendant's Supplemental Ex Parte Application for Funds for Mitigation Investigation" ("Application") to his secretary for immediate filing. Thereafter, his secretary filed it with the Court. Unfortunately, his secretary also misunderstood...
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