Filed: Jan. 09, 2017
Latest Update: Jan. 09, 2017
Summary: STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE OBJECTIONS TO REPORT AND RECOMMENDATION JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Alexandra Michael, Assistant United States Attorney, counsel for the United States of America, and Robert Kincade, and his counsel Kevin R. Stolworthy, that the deadline to object to the Magistrate Judge's Report and Recommendation at ECF No. 238 be extended to February 7, 2017 for the following reasons: 1. On Janu
Summary: STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE OBJECTIONS TO REPORT AND RECOMMENDATION JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Alexandra Michael, Assistant United States Attorney, counsel for the United States of America, and Robert Kincade, and his counsel Kevin R. Stolworthy, that the deadline to object to the Magistrate Judge's Report and Recommendation at ECF No. 238 be extended to February 7, 2017 for the following reasons: 1. On Janua..
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STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE OBJECTIONS TO REPORT AND RECOMMENDATION
JENNIFER A. DORSEY, District Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between Alexandra Michael, Assistant United States Attorney, counsel for the United States of America, and Robert Kincade, and his counsel Kevin R. Stolworthy, that the deadline to object to the Magistrate Judge's Report and Recommendation at ECF No. 238 be extended to February 7, 2017 for the following reasons:
1. On January 5, 2017, Kevin Stolworthy, Esq. was appointed as counsel of record for Mr. Kincade with respect to Count One only of the Third Superseding Indictment in this case. ECF No. 243.
2. Count One pertains to an alleged September 12, 2011 robbery of a City National Bank in Las Vegas, Nevada.
3. Mr. Kincade is currently being represented by Kathleen Bliss, Esq, on the remaining Counts contained in the Superseding Indictment.
4. Count One has been severed from the remaining Counts contained in the Third Superseding Indictment, and trial is currently scheduled for Count One only on March 28, 2017 at 9:00 a.m. ECF No. 214.
5. Trial is scheduled on the remaining Counts on February 28, 2017 at 9:00 a.m. ECF No. 165.
6. Prior to Mr. Stolworthy's appointment in the case, on December 29, 2016, the Magistrate Judge issued a Report and Recommendation denying Mr. Kincade's Motion to Dismiss Second Superseding Indictment [ECF No. 169]. See ECF No. 238.
7. Objections to this Report and Recommendation are due within 14 days of December 29, 2016.
8. The Parties agree that because Mr. Stolworthy was just appointed in this case, has not yet obtained the file from former counsel Todd Leventhal, Esq., and has not obtained a transcript of the hearing held on Mr. Kincade's Motion on December 14, 2016, see ECF No. 224, that an extension of time to February 7, 2017 of the deadline to object to the Report and Recommendation at ECF No. 238 is appropriate.
9. The Defendant is incarcerated and does not object to the continuance.
10. The additional time requested herein is not sought for purposes of delay.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. On January 5, 2017, Kevin Stolworthy, Esq. was appointed as counsel of record for Mr. Kincade with respect to Count One only of the Third Superseding Indictment in this case. ECF No. 243.
2. Count One pertains to an alleged September 12, 2011 robbery of a City National Bank in Las Vegas, Nevada.
3. Mr. Kincade is currently being represented by Kathleen Bliss, Esq, on the remaining Counts contained in the Superseding Indictment.
4. Count One has been severed from the remaining Counts contained in the Third Superseding Indictment, and trial is scheduled for Count One only on March 28, 2017 at 9:00 a.m. ECF No. 214.
5. Trial is scheduled on the remaining Counts on February 28, 2017 at 9:00 a.m. ECF No. 165.
6. Prior to Mr. Stolworthy's appointment in the case, on December 29, 2016, the Magistrate Judge issued a Report and Recommendation denying Mr. Kincade's Motion to Dismiss Second Superseding Indictment [ECF No. 169]. See ECF No. 238.
7. Objections to this Report and Recommendation are due within 14 days of December 29, 2016.
8. The Parties agree that because Mr. Stolworthy was just appointed in this case, has not yet obtained the file from former counsel Todd Leventhal, Esq., and has not obtained a transcript of the hearing held on Mr. Kincade's Motion on December 14, 2016, see ECF No. 224, that an extension of time to February 7, 2017 of the deadline to object to the Report and Recommendation at ECF No. 238 is appropriate.
9. The Defendant is incarcerated and does not object to the continuance.
10. The additional time requested herein is not sought for purposes of delay.
CONCLUSIONS OF LAW
The additional time requested herein is not sought for purposes of delay.
ORDER
IT IS THEREFORE ORDERED that the deadline to object to the Report and Recommendation at ECF No. 238 be continued to February 7, 2017.
