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United States v. Delgadillo, CR 19-226 RS-11. (2019)

Court: District Court, N.D. California Number: infdco20191021754 Visitors: 7
Filed: Oct. 18, 2019
Latest Update: Oct. 18, 2019
Summary: STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING AND HEARING SCHEDULE RICHARD SEEBORG , District Judge . The defendant, by and through undersigned counsel, and the United States, by and through Assistant United States Attorney Casey Boome, hereby stipulate and agree as follows: WHEREAS, the Court, at the parties' request, set a briefing schedule with respect to Defendant Marco Delgadillo's motion to suppress and motion for the return of his mobile telephone; WHEREAS, pursuant to the
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STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING AND HEARING SCHEDULE

The defendant, by and through undersigned counsel, and the United States, by and through Assistant United States Attorney Casey Boome, hereby stipulate and agree as follows:

WHEREAS, the Court, at the parties' request, set a briefing schedule with respect to Defendant Marco Delgadillo's motion to suppress and motion for the return of his mobile telephone;

WHEREAS, pursuant to the parties' subsequent requests, the Court modified the briefing schedule to allow the parties additional time to address the production of additional discovery and to engage in discussions to reach a disposition that would resolve the pending charges against the defendant and avoid further litigation of the pending motions;

WHEREAS, the parties remain engaged in productive negotiations and require additional time to continue those negotiations in an effort to secure a resolution in lieu of litigation;

THE PARTIES HEREBY STIPULATE AND AGREE, subject to the Court's confirming order, to the following modified briefing and hearing schedule:

• The defendant's Memorandum in Reply shall come due November 22, 2019; and • The Court shall hold a hearing on the defendant's motions at 2:30 p.m. on December, 2019, the date on which this matter is presently set for a status conference with all co-defendants.

If, before December 10, 2019, the parties have reached a resolution, the parties shall promptly notify the Court and request that the motion hearing be vacated and reset for a change of plea hearing.

IT IS SO STIPULATED.

DATED: October 17, 2019 Respectfully submitted, DAVID L. ANDERSON United States Attorney /s/Casey Boome CASEY BOOME Assistant United States Attorney DATED: October 17, 2019 /s/with permission ETHAN ATTICUS BALOGH Attorney for Marco Delgadillo

[PROPOSED] ORDER

Based on the stipulation of the parties and for good cause shown, the Court hereby MODIFIES the briefing and hearing schedule previously set, as follows:

• The defendant's Memorandum in Reply shall come due November 22, 2019; and • The Court shall hold a hearing on the defendant's motions at 2:30 p.m. on December, 10, 2019.

The Parties are further directed to notify the Court upon any successful resolution of the case so that the Court may vacate the hearing schedule upon such notice, and then schedule a change of plea hearing in its stead.

SO ORDERED.

Source:  Leagle

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