Filed: Jan. 25, 2016
Latest Update: Jan. 25, 2016
Summary: STIPULATION AND ORDER TO CONTINUE MOTION BRIEFING SCHEDULE AND EXCLUDE TIME MORRISON C. ENGLAND, Jr. , Chief 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 February 11, 2016 at 9:00 a.m. to February 25, 2016 at 9:00 a.m., and that the remaining briefing schedule be set as follows: Opposition due: Februa
Summary: STIPULATION AND ORDER TO CONTINUE MOTION BRIEFING SCHEDULE AND EXCLUDE TIME MORRISON C. ENGLAND, Jr. , Chief 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 February 11, 2016 at 9:00 a.m. to February 25, 2016 at 9:00 a.m., and that the remaining briefing schedule be set as follows: Opposition due: Februar..
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STIPULATION AND ORDER TO CONTINUE MOTION BRIEFING SCHEDULE AND EXCLUDE TIME
MORRISON C. ENGLAND, Jr., Chief 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 February 11, 2016 at 9:00 a.m. to February 25, 2016 at 9:00 a.m., and that the remaining briefing schedule be set as follows:
Opposition due: February 4, 2016
Reply due: February 11, 2016
Based upon the foregoing, as well as both counsels' needs to review the just-received enhanced version of the audio tape of the defendant'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 25, 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 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.
IT IS SO STIPULATED.
ORDER
The Court, having received, read and considered the stipulation of the parties, and good cause appearing therefrom, adopts that stipulation in its entirety as its order. The Court orders that the time from the date of this order up to and including February 25, 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 25, 2016 at 9:00 in the morning. The proposed briefing schedule is adopted.
IT IS SO ORDERED.
