STIPULATION AND PROPOSED ORDER TO CONTINUE HEARING ON DEFENDANT'S MOTION TO SEVER

WILLIAM B. SHUBB, District Judge.

STIPULATION

Plaintiff United States of America, by and through its counsel of record, and defendant Robin Dimiceli, by and through her counsel of record, hereby stipulate as follows:

1. On December 19, 2015, defendant filed a motion to sever that is noticed to be heard on January 12, 2015 [Dckt. No. 64]. By local rule, the current due date for the United States's response is January 5, 2015.

2. Prior to defendant filing the motion, the undersigned counsel for the United States had arranged to take time off of work over the holidays, including on December 19, 2014, December 24 through December 26, 2014, and December 31, 2014 through January 1, 2015.

3. Additionally, subsequent to the filing of defendant's motion to sever, the undersigned counsel for the United States prepared and filed an opposition to a motion for a bill of particular filed in the related case United States v. Woods, 2:12-cr-330 WBS, and which is noticed to be heard before Magistrate Judge Dale Drozd on January 8, 2015.

4. Further, since November 2014, the undersigned counsel for the United States has been preparing for trials in United States v. Stratos, 2:11-cr-00537 TLN, set to commence either on February 2, 2015 or February 9, 2015, and United States v. Flanders, 2:12-cr-00363 TLN, set to commence on March 2, 2015. Each of those trials is expected to take approximately two to three weeks. Counsel will be traveling for witness preparation in United States v. Stratos on January 4 through January 7, 2015 and dates the week of January 18, 2015.

5. Additionally, the undersigned counsel for the United States has been preparing for oral argument before the Ninth Circuit in United States v. Hawkins, Appeal No. 13-10636, which is set for January 13, 2015 in San Francisco, California.

6. Based on the limited availability of counsel for the United States from December 2014 through March 2015 to research, draft, and file a response to defendant's motion, counsel for defendant has graciously agreed to continue the date for the hearing until April 20, 2015.

7. Additionally, the parties agree that 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 of December 19, 2014 through April 20, 2015, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(1)(D) [Local Code E] during the pendency of defendant's motion to sever.

8. 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.

ORDER

This matter came before the Court on the parties' stipulation to continue the hearing on defendant Robin Dimiceli's motion to sever [Dckt. No. 64]. For the reasons set forth in the parties' stipulation, and for good cause showing, it is hereby ordered that the hearing on defendant's motion to sever is CONTINUED to April 20, 2015 at 9:30 a.m. Time is excluded under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., through April 20, 2015 excludable pursuant to 18 U.S.C.§ 3161(h)(1)(D) [Local Code E].

IT IS SO FOUND AND ORDERED.