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U.S. v. Mejia-Quintanilla, CR 11-0293 CRB. (2016)

Court: District Court, N.D. California Number: infdco20161025e02 Visitors: 16
Filed: Oct. 24, 2016
Latest Update: Oct. 24, 2016
Summary: STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE CHARLES R. BREYER , District Judge . On August 29, 2016 the defendant filed a Motion to Vacate, Set Aside, or Correct Sentence Under 2255. (Docket No. 145.) The next day, the Court issued an Order to Show Cause directing the government to respond within 60 days of the Order, and the defendant to file a reply brief within 30 days of the government's response. (Docket No. 151.) Pursuant to this Order, the government's response i
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STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE

On August 29, 2016 the defendant filed a Motion to Vacate, Set Aside, or Correct Sentence Under § 2255. (Docket No. 145.) The next day, the Court issued an Order to Show Cause directing the government to respond within 60 days of the Order, and the defendant to file a reply brief within 30 days of the government's response. (Docket No. 151.) Pursuant to this Order, the government's response is currently due on Monday, October 31, and the defendant's reply would therefore be due on Wednesday, November 30, 2016.

Counsel for the parties have met and conferred regarding the briefing schedule and, due to the schedules of counsel for both parties, hereby stipulate and jointly request that the schedule be modified as follows:

(1) That the government's response be filed no later than November 21, 2016; and (2) That the defendant's reply be filed no later than December 30, 2016.

Given the nature of the defendant's sentence and the specific issues raised in the defendant's motion, the parties do not believe that this brief extension of filing dates poses a risk that the defendant will spend additional time in custody, regardless of the outcome of his motion. Therefore, the parties do not believe that the modified briefing schedule will prejudice the defendant.

Accordingly, the parties jointly request that the Court adopt the briefing schedule set forth above.

IT IS SO STIPULATED.

[PROPOSED] ORDER

For good cause shown, the Court adopts the parties' proposed briefing schedule as follows:

1. The government's response shall be filed no later than November 21, 2016; and 2. The defendant's reply shall be filed no later than December 30, 2016.

IT IS SO ORDERED.

Source:  Leagle

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