Filed: Feb. 19, 2014
Latest Update: Feb. 19, 2014
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUNING TRIAL CONFIRMATION HEARING AND JURY TRIAL AND SETTING MOTION BREIFING SCHEDULE ALLISON CLAIRE, Magistrate Judge. It is hereby stipulated and agreed to between the parties, Special Assistant United States Attorney Peter Mularczyk, attorney for plaintiff, and Chief Assistant Federal Defender Linda Harter, attorney for defendant, STEVEN PHILLIPS, that the trial confirmation hearing set for March 10, 2014 be continued to April 10, 2014 at 9:00 a.m. and
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUNING TRIAL CONFIRMATION HEARING AND JURY TRIAL AND SETTING MOTION BREIFING SCHEDULE ALLISON CLAIRE, Magistrate Judge. It is hereby stipulated and agreed to between the parties, Special Assistant United States Attorney Peter Mularczyk, attorney for plaintiff, and Chief Assistant Federal Defender Linda Harter, attorney for defendant, STEVEN PHILLIPS, that the trial confirmation hearing set for March 10, 2014 be continued to April 10, 2014 at 9:00 a.m. and t..
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STIPULATION AND [PROPOSED] ORDER CONTINUNING TRIAL CONFIRMATION HEARING AND JURY TRIAL AND SETTING MOTION BREIFING SCHEDULE
ALLISON CLAIRE, Magistrate Judge.
It is hereby stipulated and agreed to between the parties, Special Assistant United States Attorney Peter Mularczyk, attorney for plaintiff, and Chief Assistant Federal Defender Linda Harter, attorney for defendant, STEVEN PHILLIPS, that the trial confirmation hearing set for March 10, 2014 be continued to April 10, 2014 at 9:00 a.m. and the jury trial set for April 21, 2014 be continued to April 28, 2014 at 9:00 a.m., and a motion hearing be set for April 10, 2014 at 9:00 a.m., and a briefing schedule should be set as follows:
Defendant's motions due February 28, 2014
Government's opposition March 14, 2014
Reply to opposition March 21, 2014
The reason for this continuance is that defense counsel has recently read new Ninth Circuit opinion in United States v. Peruta, No. 10-56971 (9th Cir. Feb. 13, 2014). Defense counsel requests additional time to conduct further research on this new case. Also, Special Assistant United States attorney will be unavailable in training the week of February 24, 2014 through February 28, 2014, which will not allow sufficient time to reply to the motions. The defendant's daughter will also be getting married out of the country and defendant wishes to attend the wedding the week of April 21, 2014. Accordingly, the parties ask the Court to exclude time under the Speedy Trial Act from the date of this order through April 10, 2014, pursuant to Title 18, United States Code, Section 3161(h)(7)(A), (B)(iv) and 18 USC 3161(h)(1)(D) (pretrial motions).
ORDER
For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period from the date of this order though April 10, 2014, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(1)(D), (h)(7)(A), (B)(iv) and Local Code T4 because it results from a continuance granted by the Court at both parties' request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
