Khobragade's lawyer Daniel Arshack has submitted a request with Magistrate Judge Sarah Netburn of the US District Court for the Southern District of New York seeking postponement of the preliminary hearing date, currently scheduled for January 13 and extension of the indictment deadline by 30 days "to and including February 12, 2014".

Responding to Arshack's request, Bharara wrote to the judge that the government is not seeking an extension of the deadline for indictment.