Filed: Mar. 09, 2018
Latest Update: Mar. 09, 2018
Summary: STIPULATION TO SET STATUS CONFERENCE AND EXCLUDE TIME AND ORDER RICHARD SEEBORG , District Judge . STIPULATION The above-captioned matter was originally assigned to U.S. District Court Judge Charles Breyer. On March 5, 2018, the matter was reassigned to this Court after the Court entered an order finding that it is related to another case involving the same defendant, United States v. Anthony Hunter, 11-00566 RS. See Dkt. 4. The Court's order relating the cases vacated the previously
Summary: STIPULATION TO SET STATUS CONFERENCE AND EXCLUDE TIME AND ORDER RICHARD SEEBORG , District Judge . STIPULATION The above-captioned matter was originally assigned to U.S. District Court Judge Charles Breyer. On March 5, 2018, the matter was reassigned to this Court after the Court entered an order finding that it is related to another case involving the same defendant, United States v. Anthony Hunter, 11-00566 RS. See Dkt. 4. The Court's order relating the cases vacated the previously s..
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STIPULATION TO SET STATUS CONFERENCE AND EXCLUDE TIME AND ORDER
RICHARD SEEBORG, District Judge.
STIPULATION
The above-captioned matter was originally assigned to U.S. District Court Judge Charles Breyer. On March 5, 2018, the matter was reassigned to this Court after the Court entered an order finding that it is related to another case involving the same defendant, United States v. Anthony Hunter, 11-00566 RS. See Dkt. 4. The Court's order relating the cases vacated the previously scheduled status conference before Judge Breyer and directed the parties to re-notice the matter for hearing before this Court.
Now, therefore, the parties stipulate and respectfully request that the Court set a status conference in the above-captioned matter for March 20, 2018, at 2:30 pm, or as soon thereafter as is convenient for the Court.
The parties further stipulate that the time between March 9, 2018, and March 20, 2018, be excluded under the Speedy Trial Act pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B). The government recently produced discovery to the defense, and excluding such time will allow counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).
IT IS SO STIPULATED.
ORDER
Based on the parties' stipulation, the Court hereby ORDERS that a status conference in the above-captioned matter be set for March 20, 2018, at 2:30 pm.
The Court finds that the exclusion of the period from March 9, 2018, to March 20, 2018, from the time limits applicable under 18 U.S.C. § 3161, is warranted; that the ends of justice served by the continuance outweigh the interests of the public and the defendant in the prompt disposition of this criminal case; and that the failure to grant the requested exclusion of time would unreasonably deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
