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STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


DOAH CASE NO. 19-2521EC
FCOE Complaint No. 17-092

IN RE: ALEX DIAZ DE LA PORTILLA,

Respondent.
____________________________________________/

RESPONDENT’S AGREED MOTION TO CONTINUE FINAL


HEARING FOR GOOD CAUSE

Respondent seeks a continuance of the July 24-25, 2019 Final

Hearing set by Order entered May 30, 2019. Due to insurmountable

conflicts, Respondent’s counsel is unable to fully prepare for and attend

the final hearing as scheduled, and requests a continuance and resetting

until October 16-17, 2019, consistent with the interests of justice.

Advocate for the Florida Commission on Ethics agrees with this

resetting.

1) In compliance with the Initial Order, the parties submitted

their Joint Response suggesting a final hearing of the case between

September 24-25, 2019. This availability was based on the parties

detailed review of their calendars.

2) Due to the unavailability of Judge Creasy on those dates, the

final hearing was set for July 24 and 25, 2019.


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Filed June 27, 2019 3:16 PM Division of Administrative Hearings


3) Respondent’s counsel is unavailable during the entirety of the

month of July due to the special setting of a public corruption criminal

trial in White Plains, New York commencing July 8, 2019. Respondent’s

counsel is lead trial counsel in that case that is anticipated to last

between three and four weeks, likely through August 9, 2019.

4) Following that out-of-town trial, counsel’s schedule for August

and into late September is already committed with a substantial number

of out-of-office court and case obligations, in addition to pre-scheduled

personal leave. Scheduling the trial in July or through late September

will pose formidable case conflicts that cannot be avoided and will

prevent Respondent’s counsel from being able to provide effective

representation.

5) Undersigned counsel and the Advocate have agreed to their

joint availability for the final hearing on October 16-17, 2019, based on

calendar schedules. That setting will enable both parties to be fully

prepared to bring this case to closure.

6) The matters raised in these proceedings are important and

consequential to Respondent and the Florida Commission on Ethics.

Respondent intends to be fully prepared for the final hearing and needs
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the availability and the assistance of his lawyer. Absent a continuance in

the interests of justice, Respondent will be unable to receive a fair final

hearing because of the inability of his counsel to attend and prepare. A

continuance and resetting of the final hearing to October 16-17, 2019 does

not cause any meaningful prejudice to any relevant interests in this case

and will enable all parties to be fully prepared.

7) For these reasons, Respondent seeks a continuance until

October 16-17, 2019.

Respectfully submitted,
S/ Benedict P. Kuehne
BENEDICT P. KUEHNE
Florida Bar No. 233293
KUEHNE DAVIS LAW, P.A.
100 S.E. 2nd St., Suite 3550
Miami, FL 33131-2154
Tel: 305.789.5989
Fax: 305.789.5987
mdavis@kuehnelaw.com
efiling@kuehnelaw.com

CERTIFICATE OF SERVICE

This document was filed using the State of Florida’s ePortal Filing

System and was served via to the counsel of record on June 27, 2019:

MELODY A. HADLEY, Advocate


Florida Commission on Ethics
Office of the Attorney General
3
The Capitol, PL-01
Tallahassee, FL 32399-1050
Tel: 850.414.3300 (x3704)
Melody.hadley@myfloridalegal.com

By: S/ Benedict P. Kuehne


BENEDICT P. KUEHNE