STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

JOHN A. MENDEZ, District Judge.

IT IS HEREBY STIPULATED, by and between Assistant United States Attorney Todd Pickles for Jason Hitt, counsel for the plaintiff United States of America, and defendant Nathan V. HOFFMAN, by and through his counsel Robert Helfend, defendant Hung NGUYEN, by and through his counsel Donald M. Re, defendant Steve MARCUS, by and through his counsel Donald M. Heller, and defendant Brook MURPHY, by and through his counsel John Balazs, that the status conference set for July 22, 2014 be continued to September 9, 2014 at 9:30 a.m. All remaining defendants are out of custody.

In addition, the parties stipulate and agree that time should be excluded under the Speedy Trial Act. On or about September 12, 2013, the government provided more than 2,000 pages of additional discovery to a third party discovery service for copying by the defense. At the same time, the government provided notice that significant additional, privacy-protected discovery is available for viewing at the U.S. Attorney's Office. This discovery is in addition to more than 5,000 pages of previously provided materials, as well as video and audio materials. As a result, counsel for each defendant needs additional time to review the voluminous materials, conduct necessary investigation, and to prepare a defense. Counsel have also begun researching and preparing motions but need additional time to prepare.

The discoverable material spans four search warrants served at locations in Southern California and seven search warrants from seven sites in Northern California. The underlying Criminal Complaint in this case is more than 50 pages and incorporates an even longer affidavit from a previously-executed search warrant related to defendant HOFFMAN. In addition, this case is directly related to pending cases charging more than ten defendants in the Eastern District of California: United States v. Ebyam, no. 2:11-cr-00275 JAM, and United States v. Ebyam, et al., no. 2:11-cr-00276 JAM. As a result, each of the defendants agrees that a continuance of the status conference is appropriate before a motions schedule is set.

Counsel further stipulate that an exclusion of time from July 22, 2014 to September 9, 2014, is appropriate under the Speedy Trial Act because of defense counsel's need to review the discovery, investigate, prepare motions, and prepare a defense for trial. In addition, each defendant's counsel stipulates that this matter is "complex" within the meaning of 18 U.S.C. § 3161(h)(7)(B)(ii) (Local Code T2) because of the voluminous discovery, the complexity and unusual nature of the underlying conspiracy, and the pending indicted defendants in two related cases. As a result, counsel for all parties stipulate the ends of justice are served by the Court excluding such time and outweigh each defendant's interest in a speedy trial, as well as the public's interest in a speedy trial, so that counsel for each defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence under 18 U.S.C. § 3161(h)(7)(A) & (B)(ii) & (iv).

ORDER

Based upon the representation by counsel and the stipulation of the parties, IT IS HEREBY ORDERED that:

IT IS SO ORDERED.