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United States v. Rodriguez-Mendoza

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


September 9, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RAFAEL RODRIGUEZ-MENDOZA, DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

STIPULATION TO CONTINUE STATUS CONFERENCE; ORDER of DENIAL Date: October 8, 2009 Time: 9:00 a.m. Judge: Hon. Lawrence J. O'Neill

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that the status conference in the above-captioned matter now set for September 11, 2009, may be continued to October 8, at 9:00 A.M.

This reason for the continuance is to permit further plea negotiations and investigation. This continuance will conserve time and resources for both parties and the court.

The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(8)(A) and 3161(h)(8)(B)(i) and (iv).

LAWRENCE BROWN United States Attorney

DATED: September 9, 2009

IAN GARRIQUES Assistant United States Attorney Attorney for Plaintiff

ORDER

THE REQUEST IS DENIED. THE USE OF A GENERIC PHRASE SUCH AS "TO PERMIT FURTHER NEGOTIATIONS AND INVESTIGATION" DOES NOT ESTABLISH GOOD CAUSE. IT IS A PHRASE THAT COULD BE USED IN EVERY CASE, AND DOES NOT GIVE AN ADEQUATE REASON WHY THE NEGOTIATIONS AND INVESTIGATION HAVE NOT BEEN CONDUCTED IN A TIMELY FASHION.

IT IS SO ORDERED.

20090909

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