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United States v. Anderson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 20, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MARK C. ANDERSON, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Lawrence K. Karlton

STIPULATION TO CONTINUE DATE FOR HEARING; DECLARATION OF COUNSEL; ORDER THEREON

Date: March 3, 2009 Time: 9:15 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, R. STEPHEN LAPHAM, Assistant United States Attorney, MARK J. REICHEL, Esq., attorney for defendant Anderson, that the present date for the motion hearing shall be continued to March 3, 2009 at 9:15AM.

The further defense briefing shall be filed on or before January 22, 2009;

The government briefing shall be filed on or before February 10, 2009;

Any reply pleading by the defense shall be filed February 17, 2009.

All counsel and defendant agree that time under the Speedy Trial Act from the date this stipulation is lodged through March 3, 2009 should be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to Title 18 U.S.C. § 3161 (H)(8)(B)(iv) and Local Code T4 for effective defense preparation and Local Code e as motions are currently pending before the court.

The basis for the Stipulation is as follows and is premised upon the declaration of defense counsel, contained herein:

i.) Defense counsel has spent considerable time assisting the defendant in the civil defense of a parallel civil matter, Sam Maslak et al. v. Mark Anderson et al, Marin Co. Superior Court Case NO. CVC 43266; the matter contains similar allegations to the federal criminal case at hand and defendant Anderson's positions and responses in same are very relevant to the present federal case;

ii. ) Defense counsel was working with two (2) significant professionals on this case, who are now unavailable; one was lost to death and the other to severe and possibly fatal illness. First, investigator James E. DePoy was working with defense counsel on this case. Mr. DePoy was a former Senior Investigator with the Office of the Federal Defender, was a 24 year criminal investigator, and held a law degree from an ABA accredited school. He worked on the discovery, and other documents, and did research and investigation. Mr. DePoy died suddenly of a heart attack on October 28, 2008; he was 61 years old.

Mr. DePoy's death was unforeseen and has left defense counsel in a very difficult situation. He did a large share of work in the office and on this case.

Also employed on the case was a very qualified paralegal, Ms. Gail Griffin, who was just diagnosed with 3rd stage breast cancer as well as advanced lymphoma. This was unforeseen, discovered after she went in for an annual check up, at age 51. She has been out on medical leave since October 20, as she is undergoing radiation treatment and was taking a new cancer drug which prevented her from working. Ms. Griffin did a large share of the work on this specific case, including research and drafting of documents, and all other miscellaneous work.

Ms. Griffin is out for radiation treatment and will not return to work on the case until after February 2, 2009; more likely she might not return based upon her health matters.

Both Ms. Griffin and Mr. DePoy have left work on the case unexpectedly and also very quickly. The effect on the case has been substantial.

iii.) Defense counsel developed a severe eye infection on January 11, 2009, and was treated by his doctor on 2 consecutive days, Monday January 11 and Tuesday January 12, 2009. His right eye was swollen and closed based upon the rare infection. He was prescribed medication of doxcycline as an aggressive antibiotic. Defense counsel was unable to work the weekend of January 11 through to the date of January 15, 2009 based upon this eye infection.

iv.) Defense counsel has spoken with the defendant in this case and the defendant personally consents, agrees and requests that the court order this extension of time;

DECLARATION OF DEFENSE COUNSEL

I, Mark J. Reichel, am the attorney for the defendant in this matter. I have drafted the statements set forth in this Stipulation Of The Parties and have specifically drafted the statements set forth in paragraphs i.) -- iv.), above. I know the statements to be true of my own knowledge.

I declare the foregoing under the penalty of perjury that the foregoing is true and correct.

DATED January 15, 2009

MARK J. REICHEL

It is so stipulated by the parties:

MARK J. REICHEL Attorney for Defendant

LAWRENCE BROWN United States Attorney

DATED: January 20, 2009.

MARK J. REICHEL for:

R. STEPHEN LAPHAM Attorney for Plaintiff Assistant U.S. Attorney

ORDER

IT IS SO ORDERED. Time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (H)(8)(B)(iv) and Local Code T4 and Local Code e as motions are pending.

20090120

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