Filed: Dec. 28, 2018
Latest Update: Dec. 28, 2018
Summary: STIPULATION AND [PROPOSED] ORDER SETTING STATUS HEARING DATE AND EXCLUDING TIME JON S. TIGAR , District Judge . The original Indictment in this case charged one defendant in two counts. The Superseding Indictment, filed November 29, 2018, charged three additional defendants and added four counts. All defendants have been arraigned, but so far, only defendant Smith has appeared before the District Court. In order to facilitate the management of the case, the parties agree that all defe
Summary: STIPULATION AND [PROPOSED] ORDER SETTING STATUS HEARING DATE AND EXCLUDING TIME JON S. TIGAR , District Judge . The original Indictment in this case charged one defendant in two counts. The Superseding Indictment, filed November 29, 2018, charged three additional defendants and added four counts. All defendants have been arraigned, but so far, only defendant Smith has appeared before the District Court. In order to facilitate the management of the case, the parties agree that all defen..
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STIPULATION AND [PROPOSED] ORDER SETTING STATUS HEARING DATE AND EXCLUDING TIME
JON S. TIGAR, District Judge.
The original Indictment in this case charged one defendant in two counts. The Superseding Indictment, filed November 29, 2018, charged three additional defendants and added four counts. All defendants have been arraigned, but so far, only defendant Smith has appeared before the District Court. In order to facilitate the management of the case, the parties agree that all defendants should appear at the same time before the District Court. The first date that most counsel are available is February 1, 2019.1 The parties therefore request that the Court set this matter on calendar on Friday, February 1, 2019 at 9:30 a.m. for a status.
The government anticipates producing the discovery in this during the first week in January, 2019.2 This includes numerous investigative reports, GPS location data from cell phone and vehicle trackers, photos, videos, audio files, cell phone downloads, and other items, plus the search warrants authorizing the government to gather some of that evidence. The parties agree that the production will include a substantial amount of information, that defense counsel will require time to review and analyze that information, and discuss it with their respective clients. For these reasons, the parties agree that the Court should exclude time between December 21, 2018 and February 1, 2019 for the effective preparation of counsel. 18 U.S.C. § 3161(h)(7)(B)(iv).
For the reasons stated above, the Court hereby directs the Clerk to add the above-captioned matter to the Court's regular criminal calendar for a status hearing on February 1, 2018 at 9:30 a.m. in Oakland, California. The Court vacates the January 4, 2019 status hearing for Britt Dunn, and the January 11, 2019 status hearing for Ainslee Smith. Finally, for the reasons stated above, the Court finds that time is properly excluded from December 21, 2018 to and including February 1, 2019 for the effective preparation of counsel, and that these interests outweigh the interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(b)(iv).
IT IS SO ORDERED.
