STIPULATION BETWEEN THE PARTIES TO CONTINUE THE STATUS CONFERENCE TO THURSDAY, AUGUST 28, 2014 WITH EXCLUSION OF TIME FROM THE SPEED TRIAL ACT AND PROPOSED ORDER

MORRISON C. ENGLAND, Jr., Chief District Judge.

The parties to this litigation, the United States of America, represented by Assistant United States Attorney, Michael D. Anderson, and for the defendants1:

1—Benjamin D. Galloway representing Steven Ortega, Sr.; 2—Randy Sue Pollock representing Steven Ortega, Jr.; 3—Shari Rusk representing Marla Ortega; 4—Dina L. Santos representing Matt Ortega; 5—Tim Pori representing Marcus Williams; 6—Hayes H. Gable, III, representing Anthony Giarrusso; 7—Thomas Johnson representing Jay Dupee; 8—William E. Bonham representing Brock Enrico; 9—Michael B. Bigelow representing Todd Becerra; 10-William J. Portanova representing Steven Adgate; 11—Danny D. Brace, Jr. representing Bryan Swiers; 12—Clemente M. Jimenez representing Kyle Schmidt; 13—Candace A. Fry representing Dusty Burge; 14—Gregory W. Fox representing Charles Erickson; 15—Olaf W. Hedberg representing Travis Olibas; 16—David D. Fischer representing Jake Westerman; 17—Scott N. Cameron representing Justin McMillian; 19—Carl E. Larson representing Frederick Laurens; 21-Darryl A. Stallworth representing Richard Serrell; 22—Robert J. Saria representing Kevin Kuester; 23—Russell S. Humphrey representing Derek Winters; 24—Clyde M. Blackmon representing Richard Reynolds; 25—Michael Jason Lawley representing Nickolas Perry; 26-Scott A. Sugarman representing Joseph Mirante; 27—James A. Bustamante representing Kevin Kirkpatrick; 28—Philip A. Schnayerson representing Reginald Bell; 29—Michael E. Hansen representing Michael Kelly; 31—James J. Clark representing Robert Kennedy; 32—Omar Figueroa representing Nicholas Ojeda and 20—James R. Greiner representing Jason Siegfried, hereby agree and stipulate to the following2:

1—By previous order, this matter was set for status on Thursday, May 1, 2014, see docket number 443.

2. By this Stipulation, the defendants collectively3 now move to continue the status conference until Thursday, August 28, 2014 and to exclude time pursuant to the Speedy Trial Act between Thursday, May 1, 2014 and Thursday, August 28, 2014, under Local Codes T-2 (complexity) and T-4 (time for adequate attorney preparation). The government has produced voluminous amounts of discovery, including, but not limited to, 6 CD's of wire taps and the potential for defense counsel to obtain on a 3TB external hard drive video tape surveillance in this case and does not oppose this request. In addition, attorney Michael Jason Lawley was recently appointed on June 12, 2013 to represent defendant Nickolas Perry (see Docket # 385) and attorney Benjamin D. Galloway was recently appointed on December 27, 2012 (see docket #351) to represent Steven Ortega, Sr., and both attorneys need additional time to review the voluminous amount of discovery in this case. Also, two previous co-defendant's have pled guilty, Shawn Thompson (January 9, 2014, see docket entry # 418) and Joseph Figlia (April 10, 2014, see docket entry # 435) which requires all defense counsel to re-examine the discovery provided by the government in light of the two previous co-defendants pleading guilty and discuss this with their respective clients.

3. The parties4 agree and stipulate to the following and request the Court to find the following:

a. The government has produced discovery to date which consists of 5 (five) discovery CD's labeled Discovery Disk 1, 2, 3, 4 and 5 and 6 (six) wire tape CD's labeled TT1, TT2, TT3, TT4, TT5 and TT6. The government has also made available for copying onto an external hard drive the pole camera evidence which defense counsel has obtained for reviewing with their respective clients. The government requested defense counsel to supply an external hard drive with 3TB of capacity to accommodate the enormous volume of video tape recordings.

b. The government by way of letter dated November 30, 2012, addressed to all defense counsel, produced the following additional discovery contained on 4 (four) CD's: BATES numbers DD-007532 to DD-007570; Bates number DD-7571 (reproduction of wiretap — TT#1); Bates number DD-007572 (reproduction of wiretap-TT#2); Bates number DD-007573 (reproduction of wiretaps — TT#3, tt#4, TT#5, and TT#6).

c. Counsel for all defendants5 need additional time, in addition to the two recently appointed attorneys (Michael Lawley, June 12, 2013, and Benjamin Galloway, December 27, 2012), to review all of the discovery as listed herein, review the all the discovery with their respective clients, to conduct investigation into this case, do research, which includes legal research, in this case, and to otherwise do review and investigation, using due diligence, that this complex case requires. Also, two previous co-defendant's have pled guilty, Shawn Thompson (January 9, 2014, see docket entry # 418) and Joseph Figlia (April 10, 2014, see docket entry # 435), which requires all defense counsel to re-examine the discovery provided by the government in light of the two previous co-defendants pleading guilty and discuss this with their respective clients.

d. Counsel for all defendants6 need additional time to discuss with their respective clients the legal implications and potential ramifications of defendants Thompson and Figlia pleading guilty in this case.

e. Counsel for all defendants7 represents that the failure to grant the above requested continuance would deny counsel for each individual defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

f. The government, based on all of the above, does not object to the continuance.

g. Based on the above stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and all the defendants in a trial within the original date prescribed by the Speedy Trial Act.

h. For the purpose of computing the time under the Speedy Trial Act, Title 18 U.S.C. section 3161, et seq., within which trial must commence, the time period from Thursday, May 1, 2014 to Thursday, August 28, 2014, inclusive, is deemed excludable pursuant to Title 18 U.S.C. section 3161(h)(7)(A, (B)(ii) and (iv) corresponding to Local Codes T-2 and T-4, because it results from a continuance granted by the Court at defendants' 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 all of the defendants in a speedy trial.

4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.

IT IS SO STIPULATED.

Each attorney has granted James R. Greiner full authority to sign for each individual attorney.

ORDER

IT IS SO FOUND AND ORDERED.