Filed: Aug. 02, 2019
Latest Update: Aug. 02, 2019
Summary: STIPULATION TO CONTINUE MOTION RESPONSE DEADLINES (FIRST REQUEST) HOWARD D. McKIBBEN , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between NICHOLAS A. TRUTANICH, United States Attorney, and JAMES E. KELLER, Assistant United States Attorney, counsel for the United States of America and ADAM M. SOLINGER, Esq. counsel for Defendant JAMES EVANS that the parties shall have to and including September 3, 2019, to file any and all responses to the dispositive motions. IT IS FU
Summary: STIPULATION TO CONTINUE MOTION RESPONSE DEADLINES (FIRST REQUEST) HOWARD D. McKIBBEN , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between NICHOLAS A. TRUTANICH, United States Attorney, and JAMES E. KELLER, Assistant United States Attorney, counsel for the United States of America and ADAM M. SOLINGER, Esq. counsel for Defendant JAMES EVANS that the parties shall have to and including September 3, 2019, to file any and all responses to the dispositive motions. IT IS FUR..
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STIPULATION TO CONTINUE MOTION RESPONSE DEADLINES
(FIRST REQUEST)
HOWARD D. McKIBBEN, District Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between NICHOLAS A. TRUTANICH, United States Attorney, and JAMES E. KELLER, Assistant United States Attorney, counsel for the United States of America and ADAM M. SOLINGER, Esq. counsel for Defendant JAMES EVANS that the parties shall have to and including September 3, 2019, to file any and all responses to the dispositive motions.
IT IS FURTHER STIPULATED AND AGREED that the parties shall have to and including September 10, 2019, to file any and all replies to the response to the dispositive motions.
The Stipulation is entered into for the following reasons:
1. The parties believe that there is a resolution that would make the pretrial motions moot and they do not wish to engage in further litigation and utilize their respective resources towards the same if the case resolves as the parties anticipate.
2. This is the First Stipulation to continue the motion response deadlines but the deadlines have been previously continued pursuant to the stipulations to continue all deadlines previously filed.
DATED this 2nd day of August, 2019.
/s/ ADAM M. SOLINGER
ADAM M. SOLINGER, ESQ.
2970 W. Sahara Ave
Las Vegas, NV 89102
Attorney for James Evans
/s/ JAMES E. KELLER
JAMES E. KELLER, AUSA
400 South Virginia Street
Suite 900
Reno, NV 89501
Attorney for Plaintiff
ORDER TO CONTINUE MOTION RESPONSE DEADLINES
FINDINGS OF FACTS
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
The continuance is necessary for the following reasons.
1. The parties believe that there is a resolution that would make the pretrial motions moot and they do not wish to engage in further litigation and utilize their respective resources towards the same if the case resolves as the parties anticipate.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for trial, taking into the account the exercise of due diligence.
The continuance sought herein is excluded under the Speedy Trial Act, title 18, United States Code § 3161(h)(7)(A) when considering the factors under Title 18, United States Code §§ 3161 (h)(7)(B)(i) and 3161(h)(B)(iv).
ORDER
IT IS THEREFORE ORDERED that the parties shall have to and including September 3, 2019, to file any and all responses to the dispositive motions.
IT IS FURTHER ORDERED that the parties shall have to and including September 10, 2019, to file any and all replies to the response to the dispositive motions.
