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U.S. v. Dominguez, 2:17-CR-00049-DB. (2017)

Court: District Court, E.D. California Number: infdco20170627911 Visitors: 16
Filed: Jun. 26, 2017
Latest Update: Jun. 26, 2017
Summary: STIPULATION AND ORDER TO CONTINUE TRIAL, TRIAL CONFIRMATION HEARING, AND MOTION HEARING DATES DEBORAH BARNES , Magistrate Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter is scheduled for a trial confirmation hearing on June 27, 2017, a hearing on motions in limine on July 10, 2017, and a jury trial on July 24, 2017. 2.
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STIPULATION AND ORDER TO CONTINUE TRIAL, TRIAL CONFIRMATION HEARING, AND MOTION HEARING DATES

STIPULATION

Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:

1. By previous order, this matter is scheduled for a trial confirmation hearing on June 27, 2017, a hearing on motions in limine on July 10, 2017, and a jury trial on July 24, 2017.

2. Since the last status conference in this case, the United States learned that one of its key trial witnesses will be in mandatory military training during the months of July and August 2017 and, therefore, is unable to attend a trial in this matter during those months. Additionally, the parties are still in the process of exchanging discovery and other information that will be relevant to trial preparation or a potential resolution in this case. Given these circumstances, the parties seek to continue the trial date and related hearings as set forth below.

3. By this stipulation, the parties now jointly move to continue the trial, trial confirmation, and motion hearing dates as follows. The parties also now jointly move for the Court to set the following briefing schedule concerning motions.

Event Old Date New Date Deadline to file motions in limine or other motions N/A July 11, 2017 Oppositions to motions N/A July 21, 2017 Replies re motions N/A July 28, 2017 Hearing on motions in limine or other motions July 10, 2017 August 7, 2017 at 1:30 p.m. Trial Confirmation Hearing June 27, 2017 August 22, 2017 at 10 a.m. Trial Date July 24, 2017 September 11, 2017 at 9 a.m.

4. It is further stipulated that the time within which the trial of this case must be commenced under the Speedy Trial Act, 18 U.S.C. § 3161 et seq., be excluded from computation of time pursuant to § 3161(h)(7)(A), (B)(iv), and Local Code T4. Further, the ends of justice served in granting the continuance and allowing the defendant further time to prepare outweigh the best interests of the public and the defendant to a speedy trial.

IT IS SO STIPULATED.

FINDINGS AND ORDER

IT IS SO ORDERED, that the trial and hearing dates are continued and set as set forth above. The Court further finds that time under the Speedy Trial Act, 18 U.S.C. § 3161 et seq., be excluded from computation of time pursuant to § 3161(h)(7)(A), (B)(iv), and Local Code T4, and that the ends of justice served in granting the continuance outweigh the best interests of the public and the defendant in a speedy trial.

FOUND AND ORDERED.

Source:  Leagle

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