Filed: May 13, 2019
Latest Update: May 13, 2019
Summary: ORDER CHERYL R. ZWART , Magistrate Judge . The defendants have moved to continue the trial, (Filing No. 77), because Defendant needs additional time to investigate this case, perhaps hire an expert, and prepare for trial. The motion to continue is unopposed. Based on the showing set forth in the motion, the court finds the motion should be granted. Accordingly, IT IS ORDERED: 1) Defendants' motion to continue, (Filing No. 77), is granted. 2) As to both defendants, the trial of this case
Summary: ORDER CHERYL R. ZWART , Magistrate Judge . The defendants have moved to continue the trial, (Filing No. 77), because Defendant needs additional time to investigate this case, perhaps hire an expert, and prepare for trial. The motion to continue is unopposed. Based on the showing set forth in the motion, the court finds the motion should be granted. Accordingly, IT IS ORDERED: 1) Defendants' motion to continue, (Filing No. 77), is granted. 2) As to both defendants, the trial of this case i..
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ORDER
CHERYL R. ZWART, Magistrate Judge.
The defendants have moved to continue the trial, (Filing No. 77), because Defendant needs additional time to investigate this case, perhaps hire an expert, and prepare for trial. The motion to continue is unopposed. Based on the showing set forth in the motion, the court finds the motion should be granted. Accordingly,
IT IS ORDERED:
1) Defendants' motion to continue, (Filing No. 77), is granted.
2) As to both defendants, the trial of this case is set to commence before the Honorable John M. Gerrard, Chief United States District Judge, in Courtroom 1, 100 Centennial Mall North, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on September 16, 2019, or as soon thereafter as the case may be called, for a duration of three (3) trial days. Jury selection will be held at commencement of trial.
3) The ends of justice served by granting the motion to continue outweigh the interests of the public and the defendants in a speedy trial, and as to both defendants, the additional time arising as a result of the granting of the motion, the time between today's date and September 16, 2019, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because although counsel have been duly diligent, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(1), (h)(6) & (h)(7). Failing to timely object to this order as provided under this court's local rules will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act.
