Filed: Jul. 06, 2016
Latest Update: Jul. 06, 2016
Summary: STIPULATION AND ORDER TO EXTEND TIME TO FILE OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT OF FINDINGS AND RECOMMENDATION[59] KENT J. DAWSON , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between LANCE A. MANINGO, ESQ., of BELLON & MANINGO, LTD, counsel for the defendant Ray Anderson, and PHILLIP N. SMITH, JR., Assistant United States Attorney, counsel for the United States of America, that the deadline for objections to the Magistrate Judge's Report of Findings and Recommendat
Summary: STIPULATION AND ORDER TO EXTEND TIME TO FILE OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT OF FINDINGS AND RECOMMENDATION[59] KENT J. DAWSON , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between LANCE A. MANINGO, ESQ., of BELLON & MANINGO, LTD, counsel for the defendant Ray Anderson, and PHILLIP N. SMITH, JR., Assistant United States Attorney, counsel for the United States of America, that the deadline for objections to the Magistrate Judge's Report of Findings and Recommendati..
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STIPULATION AND ORDER TO EXTEND TIME TO FILE OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT OF FINDINGS AND RECOMMENDATION[59]
KENT J. DAWSON, District Judge.
IT IS HEREBY STIPULATED AND AGREED by and between LANCE A. MANINGO, ESQ., of BELLON & MANINGO, LTD, counsel for the defendant Ray Anderson, and PHILLIP N. SMITH, JR., Assistant United States Attorney, counsel for the United States of America, that the deadline for objections to the Magistrate Judge's Report of Findings and Recommendation, docket number 49, due on July 5, 2016, be extended by ten (10) days, to July 15, 2016.
This Stipulation is entered into for the following reasons:
1. That undersigned counsel needs additional time to effectively review the discovery, research and draft the objections and discuss them with defendant;
2. That all parties are presently engaged in settlement/resolution negotiations;
3. That the AUSA Phillip Smith is agreeable to the continuance;
4. That this is undersigned counsel's second request for an extension of time filed herein;
5. That additional time requested herein is not sought for purposes of delay, but merely to allow counsel sufficient time within which to be able to effectively complete research and draft objections;
6. That denial of this request for continuance could result in a miscarriage of justice. The additional time requested by this Stipulation is excusable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(D), (7)(A), considering the factors under Title 18, United States Code, Section 3161(h)(7)(B)(i), (iv).
FINDINGS OF FACTS
Based upon the pending Stipulation of the parties, and good cause appearing therefore, the Court finds that:
1. That undersigned counsel needs additional time to effectively review the discovery, research and draft the objections and discuss them with defendant;
2. That all parties are presently engaged in settlement/resolution negotiations;
3. That the AUSA Phillip Smith is agreeable to the continuance;
4. That this is undersigned counsel's second request for an extension of time filed herein;
5. That additional time requested herein is not sought for purposes of delay, but merely to allow counsel sufficient time within which to be able to effectively complete research and draft objections;
6. That denial of this request for continuance could result in a miscarriage of justice. The additional time requested by this Stipulation is excusable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(D), (7)(A), considering the factors under Title 18, United States Code, Section 3161(h)(7)(B)(i), (iv).
CONCLUSIONS OF LAW
The ends of justice are served by granting said extension of time.
ORDER
IT IS THEREFORE ORDERED that the deadline for objections to the Magistrate Judge's Report of Findings and Recommendation due July 5, 2016, be extended to July 15, 2016.
