Filed: Jan. 15, 2019
Latest Update: Jan. 15, 2019
Summary: STIPULATION TO CONTINUE BENCH TRIAL, SETTING MOTION SCHEDULE, AND ORDER 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 was set for a bench trial on January 23, 2019. 2. By this stipulation, the parties now jointly move to continue the bench trial to March 28, 2019, at 9:00 a.m. 3. Additional
Summary: STIPULATION TO CONTINUE BENCH TRIAL, SETTING MOTION SCHEDULE, AND ORDER 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 was set for a bench trial on January 23, 2019. 2. By this stipulation, the parties now jointly move to continue the bench trial to March 28, 2019, at 9:00 a.m. 3. Additionall..
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STIPULATION TO CONTINUE BENCH TRIAL, SETTING MOTION SCHEDULE, AND ORDER
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 was set for a bench trial on January 23, 2019.
2. By this stipulation, the parties now jointly move to continue the bench trial to March 28, 2019, at 9:00 a.m.
3. Additionally, the parties jointly request that the Court adopt the following motion schedule. The defendant shall file his motion to dismiss by January 15, 2019. The United States shall file its opposition by January 22, 2019. The defendant shall file any reply by January 25, 2019. The parties shall appear before the Court for a motion hearing on January 29, 2019, at 10:00 a.m.
4. The parties agree and stipulate, and request that the Court find the following:
a) Due to a lapse in appropriations, the federal government began a partial shutdown on December 22, 2018. The lapse in appropriations included funding for the Department of Justice and the Department of Agriculture. As a result, several employees of the United States Attorney's Office for the Eastern District of California and the United States Forest Service have been furloughed. Specifically, Forest Protection Officer Joe Chavez has been furloughed since December 22, 2018. FPO Chavez wrote the violation notice that forms the basis for this criminal prosecution.
b) On January 14, 2019, the parties conferred regarding the status of the case. Counsel for the defendant informed the United States of counsel's intent to file a motion to dismiss pursuant to Rule 12 of the Federal Rules of Criminal Procedure. The parties anticipate that counsel for the defendant will file the motion on January 15, 2019. Accordingly, the parties request that the Court adopt the above-described motion schedule.
IT IS SO STIPULATED.
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.1
FootNotes
1. The bench trial in this matter shall last one court day.
