STIPULATION AND [PROPOSED] ORDER WAIVING TIME UNDER SPEEDY TRIAL ACT TO DECEMBER 19, 2014 AT 10:00 A.M.

RICHARD SEEBORG, District Judge.

The parties are scheduled to appear before the Court in the above-captioned matter on December 19, 2014 for a pretrial conference. The pretrial conference had been previously scheduled for September 12, 2014, and time under the Speedy Trial Act had been excluded to that date. As set forth on the record on August 28, 2014, the parties request that the Court exclude time under the Speedy Trial Act between September 12, 2014 and December 19, 2014. The parties stipulate that the time is excludable from the time limitations of the Speedy Trial Act because the interests of justice are served by granting a continuance, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). Such a continuance is required because defense counsel for defendants Razzak and Yick moved to continue the trial scheduled for September 22, 2014 to afford them sufficient time to prepare for trial. Defense counsel for defendant Elias did not have any objection to continue the trial. The Court granted the motion to continue and scheduled the pretrial conference on December 19, 2014. Trial is now scheduled to begin on January 12, 2015. This continuance will allow the reasonable time necessary for effective preparation taking into account the exercise of due diligence. As such, the parties respectfully request that the time between September 12, 2014 and December 19, 2014 be excluded under U.S.C. § 3161(h)(7)(A) and (B)(iv).

ORDER

Based on the reason provided in the stipulation of the parties above, the Court also hereby FINDS that for adequate preparation of the case by all parties and continuity of counsel, and in the interest of justice, pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), an exclusion of time is warranted under the Speedy Trial Act. Based on these findings, IT IS HEREBY ORDERED THAT time is excluded until December 19, 2014.

IT IS SO ORDERED.