Filed: Mar. 20, 2015
Latest Update: Mar. 20, 2015
Summary: STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OTHERWISE APPLICABLE SPEEDY TRIAL ACT CALCULATION VINCE G. CHHABRIA , District Judge . STIPULATION IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that: 1. The parties were originally scheduled to appear before the Court on March 30, 2015 at 2:00 p.m. for a trial setting or change of plea. Due to a scheduling conflict, the Court requested the parties confer about a new date in this matter. 2. Accordingly, th
Summary: STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OTHERWISE APPLICABLE SPEEDY TRIAL ACT CALCULATION VINCE G. CHHABRIA , District Judge . STIPULATION IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that: 1. The parties were originally scheduled to appear before the Court on March 30, 2015 at 2:00 p.m. for a trial setting or change of plea. Due to a scheduling conflict, the Court requested the parties confer about a new date in this matter. 2. Accordingly, the..
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STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OTHERWISE APPLICABLE SPEEDY TRIAL ACT CALCULATION
VINCE G. CHHABRIA, District Judge.
STIPULATION
IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that:
1. The parties were originally scheduled to appear before the Court on March 30, 2015 at 2:00 p.m. for a trial setting or change of plea. Due to a scheduling conflict, the Court requested the parties confer about a new date in this matter.
2. Accordingly, the parties discussed rescheduling this matter to April 7, 2015, at 1:00 p.m., with the understanding that the parties would submit a Stipulation and Proposed Order excluding time.
3. The parties now formalize their request for a continuance of this matter to April 7, 2015 at 1:00 p.m. for a trial setting or change of plea, and respectfully submit and agree that the period from March 30, 2015 through and including April 7, 2015 should be excluded from the otherwise applicable Speedy Trial Act computation because failure to grant the continuance as requested would unreasonably deny the defendant continuity of counsel and the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Specifically, the parties represent that the volume of discovery already produced and defense counsel's need to review discovery, to consult with his client as to the best way to proceed (including pursuing certain avenues of investigation), support the requested continuance.
IT IS SO STIPULATED.
[PROPOSED] ORDER
Based upon the above-described Stipulation, THE COURT FINDS THAT the ends of justice served by granting a continuance from March 30, 2015 through and including April 7, 2015 outweigh the best interest of the public and the defendant in a speedy trial, and that failure to grant such a continuance would unreasonably deny the defendant continuity of counsel and the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
Accordingly, THE COURT ORDERS THAT:
1. The parties shall appear before the Court on April 7, 2015 at 1:00 p.m. for trial setting or change of plea.
2. The period from March 30, 2015 through and including April 7, 2015 is excluded from the otherwise applicable Speedy Trial Act computation, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).
IT IS SO ORDERED.
