Filed: May 09, 2014
Latest Update: May 09, 2014
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE JOHN A. MENDEZ, District Judge. The defendant, JOSEPH DAROSA, by and through his undersigned counsel and the United States by and through its undersigned counsel, hereby agree and request that the status conference currently set for Tuesday, May 13, 2014 at 9:45 am be vacated and continued to Tuesday, August 12, at 9:45 am. A continuance is necessary to provide counsel with additional time to review discovery provided by the government consi
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE JOHN A. MENDEZ, District Judge. The defendant, JOSEPH DAROSA, by and through his undersigned counsel and the United States by and through its undersigned counsel, hereby agree and request that the status conference currently set for Tuesday, May 13, 2014 at 9:45 am be vacated and continued to Tuesday, August 12, at 9:45 am. A continuance is necessary to provide counsel with additional time to review discovery provided by the government consis..
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE
JOHN A. MENDEZ, District Judge.
The defendant, JOSEPH DAROSA, by and through his undersigned counsel and the United States by and through its undersigned counsel, hereby agree and request that the status conference currently set for Tuesday, May 13, 2014 at 9:45 am be vacated and continued to Tuesday, August 12, at 9:45 am.
A continuance is necessary to provide counsel with additional time to review discovery provided by the government consisting of 8 discs, 1 containing bates 000001 to 000040 (reports), and 7 containing audio recordings.
The parties stipulate that the failure to grant a continuance in this matter would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; that the ends of justice served by granting this continuance outweigh the best interest of the public and the defendant in a speedy trial; and that time should be excluded from the computation of time within which trial must commence under the Speedy Trial Act from May 9, 2014, up to and including August 12, 2014, pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
I, William E. Bonham, the filing party, have received authorization from AUSA Jill Thomas to sign and submit this stipulation and proposed order on her behalf.
Dated: May 9, 2014 BENJAMIN B. WAGNER
United States Attorney
By:/s/ WILLIAM BONHAM for
JILL THOMAS
Assistant U.S. Attorney
ORDER
IT IS SO ORDERED. The status conference currently set for Tuesday, May 13, 2014 at 9:45 am is vacated and reset for Tuesday, August 12, 2014, at 9:45 a.m.
I find that the failure to grant such a continuance would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Accordingly, the time within which the trial of this case must be commenced under the Speedy Trial Act is excluded from the date of the parties' stipulation, May 9, 2014, up to and including the date of the new status conference, August 12, 2014, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4. I specifically find that the ends of justice served by granting this continuance outweigh the best interest of the public and defendants in a speedy trial within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4.
