STIPULATION TO CONTINUE TRIAL DATE; ORDER of Denial without prejudice

LAWRENCE J. O'NEILL, District Judge.

IT IS HEREBY STIPULATED by and between the parties through their respective counsel, Assistant United States Attorney, Daniel J. Griffin, counsel for plaintiff, and Assistant Federal Defender, Ann H. McGlenon, counsel for defendant Richard Xiongpao, that the trial currently set for August 23, 2016 at 8:30 a.m., before the Honorable Lawrence J. O'Neill, may be continued to November 29, 2016 at 8:30 a.m.

Defense counsel proposes this continuance because she has two trials scheduled for the same day, but thought one would settle.

The requested continuance is with the intention of conserving time and resources for both parties and the court. The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for effective defense preparation, defense investigation, and plea negotiation purposes pursuant to 18 U.S.C. §§ 3161(h)(7)(A), 3161 (h)(3)(A), and 3161(h)(7)(B)(i) and (iv).

ORDER

The Court is not available to try the case on the date requested. In addition, it is too early to determine whether or not there will be an actual conflict, in that almost no trial is a sure go (this case or the other scheduled). In addition, there is no indication that nobody else in the office is able to take the case to trial. The request is DENIED without prejudice.

IT IS SO ORDERED.