Filed: Sep. 22, 2014
Latest Update: Sep. 22, 2014
Summary: STIPULATION AND ORDER VACATING BRIEFING SCHEDULE JOHN A. MENDEZ, District Judge. This matter is presently set for a Trial Confirmation Hearing before the Court on October 21, 2014, with a previously-scheduled jury trial date of November 10, 2014. The parties to this action, Plaintiff United States of America by and through Assistant United States Attorney Nirav K. Desai, and Defendant Pedro Carbajal-Osorio by and through his attorney Todd D. Leras, request that the Court vacate the previously
Summary: STIPULATION AND ORDER VACATING BRIEFING SCHEDULE JOHN A. MENDEZ, District Judge. This matter is presently set for a Trial Confirmation Hearing before the Court on October 21, 2014, with a previously-scheduled jury trial date of November 10, 2014. The parties to this action, Plaintiff United States of America by and through Assistant United States Attorney Nirav K. Desai, and Defendant Pedro Carbajal-Osorio by and through his attorney Todd D. Leras, request that the Court vacate the previously s..
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STIPULATION AND ORDER VACATING BRIEFING SCHEDULE
JOHN A. MENDEZ, District Judge.
This matter is presently set for a Trial Confirmation Hearing before the Court on October 21, 2014, with a previously-scheduled jury trial date of November 10, 2014. The parties to this action, Plaintiff United States of America by and through Assistant United States Attorney Nirav K. Desai, and Defendant Pedro Carbajal-Osorio by and through his attorney Todd D. Leras, request that the Court vacate the previously set pre-trial motion deadline and briefing schedule proposed by the parties.
On Friday, September 19, 2014, the government provided defense counsel with additional information about the case. Specifically, the government notified defense counsel of proposed changes to the present charging document. This information appears to render moot the proposed pre-trial motion defense counsel had previously discussed with government counsel. In the interest of judicial economy, the parties propose vacating the briefing deadline and schedule without prejudice to the filing of appropriate pre-trial motions once a Superseding Indictment or other charging document is filed in this matter. Defense counsel affirms previous representations about the need for additional time to research, prepare, and investigate this matter, supporting an exclusion of time for attorney preparation within the meaning of the Speedy Trial Act (18 U.S.C. § 3161(h)(7)(B)(4)).
The parties are not at this time requesting any change in the Jury Trial scheduled for November 10, 2014.
Assistant U.S. Attorney Nirav Desai has reviewed this proposed order and authorized Todd Leras to sign it on his behalf.
ORDER
BASED ON THE REPRESENTATIONS AND STIPULATION OF THE PARTIES, it is hereby ordered that the pre-trial motion deadline and briefing schedule set in this matter is vacated without prejudice. The Trial Confirmation Hearing set for October 21, 2014, at 9:30 a.m., is confirmed. Time has previously been excluded for attorney preparation under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(B)(4) and Local Code T-4, up to and including October 21, 2014. The previous-finding in support of the time exclusion is confirmed.
