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USA v. Pieracci, 1:15-cr-00165 DAD/BAM. (2018)

Court: District Court, E.D. California Number: infdco20180104918 Visitors: 16
Filed: Jan. 03, 2018
Latest Update: Jan. 03, 2018
Summary: STIPULATION TO CONTINUE JANUARY 8, 2018 STATUS CONFERENCE TO FEBRUARY 12, 2018; ORDER BARBARA A. McAULIFFE , Magistrate Judge . THE PARTIES HEREBY STIPULATE, through their respective attorneys of record, Assistant United States Attorney Brian W. Enos, counsel for the government, and Michael W. Berdinella, counsel for Defendant Scott Allen Pieracci ("defendant"), that this action's Monday, January 8, 2018 status conference be continued to Monday, February 12, 2018, at 1:00 p.m. The parties
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STIPULATION TO CONTINUE JANUARY 8, 2018 STATUS CONFERENCE TO FEBRUARY 12, 2018; ORDER

THE PARTIES HEREBY STIPULATE, through their respective attorneys of record, Assistant United States Attorney Brian W. Enos, counsel for the government, and Michael W. Berdinella, counsel for Defendant Scott Allen Pieracci ("defendant"), that this action's Monday, January 8, 2018 status conference be continued to Monday, February 12, 2018, at 1:00 p.m. The parties likewise ask the court to endorse this stipulation by way of formal order.

Notably, the parties do not propose any changes to this case's previously set April 30, 2018 trial confirmation hearing or May 15, 2018 trial date. Doc. 32. The parties likewise do not seek any modification to this case's time exclusion calculations, in that time has already been ordered excluded through the May 15, 2018 trial date. Ibid.

The parties base this stipulation on good cause. To explain, the parties recently stipulated, which this court endorsed by way of formal order, to continue this action's December 11, 2017 status conference to January 8, 2018. Docs. 33 and 34. The parties' based their prior stipulation on the facts that: (1) the defense requested supplemental discovery from defendant's prior employer, and (2) the government obtained two compact disks from the prior employer that it believed to contain information responsive to defendant's supplemental requests, yet (3) the government was unable to open these disks upon receipt.

Since December 11, 2017, the government has again sought information from defendant's prior employer that responded to the requests for supplemental discovery. This time, the government received a thumb drive, which again is proving time consuming to open. Initial efforts to access and open this information, however, appears to be proving successful. The thumb drive through which this information arrived may contain thousands of pages of information, much more information than that requested by the defense or otherwise relevant to this litigation. The government believes it can access, identify, analyze, and produce to defense counsel responsive information it has received within the next two to three weeks.

The parties therefore seek the above extension so the government can timely produce and the defense can timely review this supplemental discovery prior to the next status conference. After conferring about this issue, counsel for both parties determined that they were both available on February 12, 2018. The parties have likewise cleared this date with chambers.

For the above stated reasons, the stipulated continuance will conserve time and resources both for the parties and the court.

ORDER

IT IS SO ORDERED the 7th Status Conference is continued from January 8, 2018 to February 12, 2018 at 1:00 PM.

Source:  Leagle

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