Filed: May 10, 2018
Latest Update: May 10, 2018
Summary: STIPULATION AND ORDER TO CONTINUE EVIDENTIARY HEARING GEORGE FOLEY, JR. , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED by and between THOMAS F. PITARO, ESQ. Counsel for Defendant JUSTIN FISHER, WILLIAM B. TERRY, ESQ., Counsel for JOSHUA FISHER, and ELHAM ROOHANI, Assistant United States Attorney, that is currently scheduled for May 11, 2018 at 9:30 a.m. be vacated and reset to a date and time convenient to the court but no earlier than after June 26, 2018 and/or 60 days. This Stip
Summary: STIPULATION AND ORDER TO CONTINUE EVIDENTIARY HEARING GEORGE FOLEY, JR. , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED by and between THOMAS F. PITARO, ESQ. Counsel for Defendant JUSTIN FISHER, WILLIAM B. TERRY, ESQ., Counsel for JOSHUA FISHER, and ELHAM ROOHANI, Assistant United States Attorney, that is currently scheduled for May 11, 2018 at 9:30 a.m. be vacated and reset to a date and time convenient to the court but no earlier than after June 26, 2018 and/or 60 days. This Stipu..
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STIPULATION AND ORDER TO CONTINUE EVIDENTIARY HEARING
GEORGE FOLEY, JR., Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED by and between THOMAS F. PITARO, ESQ. Counsel for Defendant JUSTIN FISHER, WILLIAM B. TERRY, ESQ., Counsel for JOSHUA FISHER, and ELHAM ROOHANI, Assistant United States Attorney, that is currently scheduled for May 11, 2018 at 9:30 a.m. be vacated and reset to a date and time convenient to the court but no earlier than after June 26, 2018 and/or 60 days.
This Stipulation is entered into for the following reasons
1. Defendants are in custody. That said, Counsels has spoken to the Defendants and they have no objection to the request for continuance.
2. Counsel for Defendant has spoken to AUSA Roohani and she has no objection to the continuance.
3. AUSA Roohani has a conflicting schedule and has a hearing in another courtroom.
4. Counsel needs additional time for the Expert to evaluation both defendants.
5. Denial of this request for continuance could result in a miscarriage justice.
6. The additional time requested by this stipulation is excludable in computing the time within which trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161 (h)(1)(F) and Title 18, United States Code Section 3161 (h)(7)(A) considering the factors in Title 18, United States Code, Sections 3161 (h)(7)(B)(I) and 3161 (h)(7)(B)(iv).
7. For all the above-stated reasons, the ends of justice would best be served by a continuance of the Evidentiary Hearing until a date and time convenient to the court.
This is the first request for continuance filed herein.
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds:
This Stipulation is entered into for the following reasons:
1. Defendants are in custody. That said, Counsels has spoken to the Defendants and they have no objection to the request for continuance.
2. Counsel for Defendant has spoken to AUSA Roohani and she has no objection to the continuance.
3. AUSA Roohani has a conflicting schedule and has a hearing in another courtroom.
4. Counsel needs additional time for the Expert to evaluation both defendants.
5. Denial of this request for continuance could result in a miscarriage justice.
6. The additional time requested by this stipulation is excludable in computing the time within which trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161 (h)(1)(F) and Title 18, United States Code Section 3161 (h)(7)(A) considering the factors in Title 18, United States Code, Sections 3161 (h)(7)(B)(I) and 3161 (h)(7)(B)(iv).
7. For all the above-stated reasons, the ends of justice would best be served by a continuance of the Evidentiary Hearing until a date and time convenient to the court.
This is the first request for continuance filed herein.
CONCLUSIONS OF LAW
Denial of this request for continuance would deny the parties herein the opportunity to effectively and thoroughly prepare for the Evidentiary Hearing.
Additionally, denial of this request for continuance could result in a miscarriage of justice.
ORDER
IT IS HEREBY ORDERED that the Evidentiary Hearing currently scheduled for May 11, 2018, at 9:00 a.m., be continued to the 3rd day of July 2018 at 9:30 AM, in courtroom 3A.
