Shortly after the issuance of the order in which the judge said "good cause" has not been demonstrated in the plea, Khobragade's laywer Daniel Arshack said he is "considering" other options.

"We are considering our options," Arshack said when asked about the request for extending the indictment deadline being denied by the judge.

The three-page order, by which Khobragade will have to appear in court, means the indictment against her will now have to filed before or on January 13. It was issued late on Tuesday.

However, sources said Khobragade, 39, has an option to file another motion in court seeking extension of the indictment deadline and preliminary hearing.

In her order, Magistrate Judge Sarah Netburn of US District Court for the Southern District of New York said adjournment of the date will not grant her the "relief she seeks".

"The defendant has requested only that the preliminary date be adjourned for 30 days for good cause shown. Because a modification of the hearing date will not itself alter the time period for the filing of an indictment or information, the defendant's concerns regarding the pressures of an impending indictment on plea negotiations will not grant her the relief she seeks,” the Magistrate said.

"Therefore, good cause has not been demonstrated, and the defendant's request for an adjournment of the preliminary hearing date is denied," Netburn said.

The Magistrate also said that since Khobragade was arrested on December 12, 2013, she ‘must be indicted (or an information by the government must be filed against her)’ by January 13.

"Therefore, an extension of the preliminary hearing date ...will not relieve the pressure identified by the defendant. Moreover, the defendant cannot extend Speedy Trial time limits merely by filing a waiver,” Netburn added.


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