Filed: Jan. 29, 2016
Latest Update: Jan. 29, 2016
Summary: AMENDED STIPULATION AND ORDER TO CONSOLIDATE CASES; SET MOTION SCHEDULE; AND SET STATUS CONFERENCE JOHN A. MENDEZ , District Judge . IT IS HEREBY STIPULATED by and between Assistant United States Attorney Todd Pickles and Jason Hitt, counsel for 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. R , defendant, defendant Brook MURPHY, by and through his counsel John Balazs
Summary: AMENDED STIPULATION AND ORDER TO CONSOLIDATE CASES; SET MOTION SCHEDULE; AND SET STATUS CONFERENCE JOHN A. MENDEZ , District Judge . IT IS HEREBY STIPULATED by and between Assistant United States Attorney Todd Pickles and Jason Hitt, counsel for 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. R , defendant, defendant Brook MURPHY, by and through his counsel John Balazs,..
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AMENDED STIPULATION AND ORDER TO CONSOLIDATE CASES; SET MOTION SCHEDULE; AND SET STATUS CONFERENCE
JOHN A. MENDEZ, District Judge.
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Todd Pickles and Jason Hitt, counsel for 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. Ré, defendant, defendant Brook MURPHY, by and through his counsel John Balazs, and defendant Steven MARCUS, by and through his counsel Donald Heller as follows:
1. The Indictments in Case 2:12-cr-0309-JAM and 2:15-00234-JAM shall hereby be CONSOLIDATED, and henceforth shall be shown as 2:15-cr-00234.
2. That the following motion schedule shall be set:
Defendants' motions due: March 28, 2016
Government's responses due: May 31, 2016
Defendants' reply briefs due: June 21, 2016
Hearing on motions: July 12, 2016 at 9:15 a.m.
All defendants are out of custody.
3. The trial confirmation hearing previously set for April 5, 2016, and the trial previously set for May 16, 2016 in Case No. 2:12-cr-0309-JAM are hereby vacated.
In addition, the parties stipulate and agree that time shall be excluded under the Speedy Trial Act. The government has provided extensive discovery in this matter, including a number of search warrants. In addition to motions previously filed, but not heard, by the court in the earlier Indictment, it is anticipated that additional motions will be necessary with regard to the exclusion of evidence, and to challenge various search warrants.
Counsel further stipulate that an exclusion of time from January 26, 2016, to July 12, 2016 is appropriate under the Speedy Trial Act because the defense counsel need to review 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.
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) (local code T4).
ORDER
IT IS ORDERED.
