Filed: Jan. 11, 2016
Latest Update: Jan. 11, 2016
Summary: STIPULATION AND ORDER TO CONTINU MOTION BRIEFING SCHEDULE AND EXCLUDE TIME MORRISON C. ENGLAND, Jr. , District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate and agree that the motion to dismiss be continued from January 28, 2016 at 9:00 a.m. to February 11, 2016 at 9:00 a.m., and that the briefing schedule be set as follows: Motion due: December 31, 2015 Oppositio
Summary: STIPULATION AND ORDER TO CONTINU MOTION BRIEFING SCHEDULE AND EXCLUDE TIME MORRISON C. ENGLAND, Jr. , District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate and agree that the motion to dismiss be continued from January 28, 2016 at 9:00 a.m. to February 11, 2016 at 9:00 a.m., and that the briefing schedule be set as follows: Motion due: December 31, 2015 Opposition..
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STIPULATION AND ORDER TO CONTINU MOTION BRIEFING SCHEDULE AND EXCLUDE TIME
MORRISON C. ENGLAND, Jr., District Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate and agree that the motion to dismiss be continued from January 28, 2016 at 9:00 a.m. to February 11, 2016 at 9:00 a.m., and that the briefing schedule be set as follows:
Motion due: December 31, 2015
Opposition due: January 21, 2016
Reply due: January 28, 2016
Based upon the foregoing, as well as defense counsel's need to review tapes of his client's immigration proceedings and otherwise prepare, the parties agree and stipulate, and request that the Court find and order, that the time from the date of this order up to and including February 11, 2016, is excluded from the computtion of time within which this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(1)(D) and Local Code E (delay resulting from a pretrial motion) and 18 U.S.C. § 3161(h)(7)(A) and Local Code T4 (reasonable time to prepare). The parties agree and request the Court specifically find that the ends of justice served by granting the requested briefing schedule and continuance outweigh the best interests of the public and the defendant in a speedy trial.
ORDER
The Court, having received, read and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court orders that the time from the date of this order up to and including February 11, 2016 is excluded from the computation of time within which this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(1)(D) and Local Code E (delay resulting from a pretrial motion), and 18 U.S.C. § 3161(h)(7)(A) and Local Code T4 (reasonable time to prepare). The Court specifically finds that the ends of justice served by granting the requested briefing schedule and continuance outweigh the best interests of the public and the defendant in a speedy trial. The Court further orders that the motion hearing be set for February 11, 2016 at 9:00 in the morning. The proposed briefing schedule is adopted.
IT IS SO ORDERED.
