Filed: Jun. 10, 2015
Latest Update: Jun. 10, 2015
Summary: STIPULATION CONCERING STATUS CONFERENCE AND EXCLUDABLE TIME UNDER SPEEDY TRIAL ACT; ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . STIPULATION Defendant, by and through his counsel of record, Malcolm Segal, Segal & Associates, PC, and Plaintiff United States of America, by and through its counsel of record, hereby stipulate as follows: 1. By previous order, a status conference in this matter was set for June 18, 2015 at 9:00 a.m. 2. Since the time of the Court's previous order
Summary: STIPULATION CONCERING STATUS CONFERENCE AND EXCLUDABLE TIME UNDER SPEEDY TRIAL ACT; ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . STIPULATION Defendant, by and through his counsel of record, Malcolm Segal, Segal & Associates, PC, and Plaintiff United States of America, by and through its counsel of record, hereby stipulate as follows: 1. By previous order, a status conference in this matter was set for June 18, 2015 at 9:00 a.m. 2. Since the time of the Court's previous order o..
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STIPULATION CONCERING STATUS CONFERENCE AND EXCLUDABLE TIME UNDER SPEEDY TRIAL ACT; ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
STIPULATION
Defendant, by and through his counsel of record, Malcolm Segal, Segal & Associates, PC, and Plaintiff United States of America, by and through its counsel of record, hereby stipulate as follows:
1. By previous order, a status conference in this matter was set for June 18, 2015 at 9:00 a.m.
2. Since the time of the Court's previous order on April 24, 2015, the parties have engaged in the following:
a. The United States has made available original film x-rays and other original medical records for review by defense counsel. Defense counsel and a defense expert traveled to the office of the Department of Labor in San Francisco, California on May 8, 2015 to review the original film x-rays and patient files.
b. Defense counsel continues to consult with experts in dentistry and with his client, and continues to otherwise prepare for further proceedings and trial. Defense counsel will meet with the defense expert on June 19, 2015, and will confer further with his client following that discussion.
c. Defense counsel has engaged an investigator to assist in locating and interviewing potential defense witnesses.
d. Defense counsel has also focused on identifying and researching multiple evidentiary and other legal issues likely to be of import in this matter.
3. Counsel for defendant believes that failure to grant a continuance would preclude reasonable and necessary time for effective preparation, taking into account the exercise of due diligence. The government does not object to the requested continuance.
4. By this stipulation the parties request that the status conference currently scheduled on June 18, 2015 be continued until July 30, 2015 at 9:00 a.m. and for the time between June 18, 2015 and July 30, 2015 to be excluded under Local Rule T4.
5. Based on the foregoing, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act. 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 June 18, 2015 to July 30, 2015, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's 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. 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
IT IS HEREBY ORDERED that the Status Conference scheduled for June 18, 2015, is continued to July 30, 2015 at 9:00 a.m. It is further ORDERED that under the Speedy Trial Act the time between June 18, 2015 and July 30, 2015, inclusive, is hereby excluded under Local CodeT4, and 18 U.S.C.§§ 3161(h)(7)(A), B(iv), to ensure adequate time for preparation of counsel. For the reasons set forth above, the court finds that the ends of justice served by a continuance outweigh the best interests of the public and the defendant in a speedy trial, and therefore excludes time through July 30, 2015.
IT IS SO ORDERED.
