STIPULATION AND PROPOSED ORDER TO SET BRIEFING SCHEDULE AND HEARING DATES, AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT

JON S. TIGAR, District Judge.

The defendant wishes to supplement his previously filed motion to suppress (Dkt. #23) and will likely file additional motions in this matter. The parties jointly request that the Court set the requested briefing schedule below and set a motion hearing for Thursday, October 30, 2014 at 9:30 a.m., as well as an evidentiary hearing on November 25, 2014, at 2:00 p.m., should one be necessary. The parties further request that the Court exclude time under the Speedy Trial Act, 18 U.S.C. § 3161, between September 16, 2014 and October 30, 2014, for effective defense preparation and for the Court's consideration of the motions that will be filed in this case.

The defense is continuing to investigate and research this case in connection with the anticipated motions. For these reasons, the defense requests roughly two weeks to file the opening motion, the government requests two weeks for a response brief, and the defense further requests nine days to reply. In short, the parties are in agreement to the following briefing schedule:

After consulting with the Courtroom Deputy, the parties further request that the Court set this matter for a hearing on the defense motion for October 30, 2014, and for an evidentiary hearing on November 25, 2014 at 2:00 p.m. on the motion to suppress, should the Court determine that one is necessary. The parties stipulate and agree that the ends of justice served by this continuance outweigh the best interest of the public and the defendant in a speedy trial. The parties further agree that the failure to grant this continuance would unreasonably deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Finally, the parties agree that time may be excluded based on the Court's consideration of the motions that the defense plans to file on September 30, 2104 until the conclusion of the hearing on, or other prompt disposition of, all such motions.

Accordingly, the parties agree that the period of time from September 16, 2014 until October 30, 2014 should be excluded in accordance with the provisions of the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), for effective preparation of defense counsel, taking into account the exercise of due diligence, and that the period of time from September 30, 2014 should also be excluded pursuant to § 3161(h)(1)(D) once the defense motion is filed until the conclusion of the hearing on, or other prompt disposition of, all such motions.

ORDER

Based on the reasons provided in the stipulation of the parties above, the Court hereby FINDS:

Based on these findings, IT IS HEREBY ORDERED that a motions hearing date is set for October 30, 2014, at 9:30 a.m., and an evidentiary hearing on the motion to suppress is set for November 25, 2014 at 2:00 p.m., should the Court determine one is necessary. The defense opening motions are due on September 30, 2014; the government's opposition is due on October 14, 2014; and the defense reply brief is due on October 23, 2014. It is FURTHER ORDERED that time is excluded pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), from September 16, 2014 until October 30, 2014. Time is excluded also pursuant to § 3161(h)(1)(D) once the defense motion is filed on October 30, 2014 until the conclusion of the hearing on, or other prompt disposition of, such motion.