Filed: Mar. 23, 2018
Latest Update: Mar. 23, 2018
Summary: STIPULATION AND [PROPOSED] ORDER TO SET MOTION HEARING DATE AND MOTION BRIEFING SCHEDULE GARLAND E. BURRELL, JR. , Senior District Judge . Defendant, Rudy Tafoya, through his undersigned counsel, and the United States, through its undersigned counsel, hereby stipulate and request that the status conference currently set for Friday, March 23, 2018 at 9:00 am be vacated and that a motion hearing be set for Friday, June 15, 2018 at 9:00 am. The parties agree and request to the following motio
Summary: STIPULATION AND [PROPOSED] ORDER TO SET MOTION HEARING DATE AND MOTION BRIEFING SCHEDULE GARLAND E. BURRELL, JR. , Senior District Judge . Defendant, Rudy Tafoya, through his undersigned counsel, and the United States, through its undersigned counsel, hereby stipulate and request that the status conference currently set for Friday, March 23, 2018 at 9:00 am be vacated and that a motion hearing be set for Friday, June 15, 2018 at 9:00 am. The parties agree and request to the following motion..
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STIPULATION AND [PROPOSED] ORDER TO SET MOTION HEARING DATE AND MOTION BRIEFING SCHEDULE
GARLAND E. BURRELL, JR., Senior District Judge.
Defendant, Rudy Tafoya, through his undersigned counsel, and the United States, through its undersigned counsel, hereby stipulate and request that the status conference currently set for Friday, March 23, 2018 at 9:00 am be vacated and that a motion hearing be set for Friday, June 15, 2018 at 9:00 am.
The parties agree and request to the following motion briefing schedule:
Motion to be filed: April 20, 2018
Opposition due: May 18, 2018
Reply due: June 1, 2018
Motion hearing: June 15, 2018
The parties further stipulate that the failure to grant a continuance in this matter would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; that the ends of justice served by granting this continuance outweigh the best interest of the public and the defendant in a speedy trial; and that time should be excluded from the computation of time within which trial must commence under the Speedy Trial Act from March 22, 2018, up to and including June 15, 2018, pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare, and pursuant to 18 U.S.C. § 3161(h)(1)(D) and Local Code E upon the filing of the motion.
ORDER
IT IS SO ORDERED. The status conference currently set for March 23, 2018 at 9:00 am is vacated and a motion hearing is set for June 15, 2018 at 9:00 am. It is further ordered that the motion briefing schedule be set as follows:
Motion to be filed: April 20, 2018
Opposition due: May 18, 2018
Reply due: June 1, 2018
Motion hearing: June 15, 2018
Based upon the stipulation of the parties, the Court FINDS that the failure to grant such a continuance would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Accordingly, the time within which the trial of this case must be commenced under the Speedy Trial Act is excluded from March 22, 2018, up to and including the date of the new status conference, June 15, 2018, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4 and 18 U.S.C. § 3161(h)(1)(D) and Local Code E upon the filing of motions. The Court FINDS that the ends of justice served by granting this continuance outweigh the best interest of the public and defendant in a speedy trial within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4.
IT IS SO ORDERED.
