The opinion of the court was delivered by: Honorable Lawrence J. O'Neill United States District Court Judge
STIPULATION FOR CONTINUANCE AND ORDER THEREON
IT IS HEREBY STIPULATED between the Defendants, MICHAEL S. IOANE, by and through his attorney of record, Anthony P. Capozzi; VINCENT STEVEN BOOTH, by and through his attorney of record, Eric Fogderude; and LOUISE Q. BOOTH, by and through her attorney of record, Katherine Hart, and Plaintiff, by and through Assistant United States Attorney, Mark Cullers, that the Motions hearing now set for Friday, October 2, 2009, be continued to Thursday, October 8, 2009 at 9:00 a.m.
It is further stipulated by the parties that any delay resulting from this continuance shall be excluded on the following basis:
(1) Title 18, United States Code, Section 3161(h)(8)(A) -- that the ends of justice served by taking such action outweighs the best interest of the public and the defendant in a speedy trial;
(2) Title 18, United States Code, Section 3161(h)(8)(B)(ii): that is unreasonable to expect adequate preparation for pre-trial proceedings or for the trial itself with the time limits established due to the complexity of the case.
Dated: September 25, 2009
IT IS SO ORDERED. Good cause having been shown, the hearing set for Friday, October 2, 2009 is vacated and continued to Thursday, October 8, 2009 at 9:00 a.m.
Additionally, time shall be excluded by stipulation from the parties and pursuant to 18 USC §§ 3161(h)(8)(A) and 3161(h)(8)(B)(ii).
Due to the unavailability of defense counsel by separate email indicating that defense counsel is out of town, the good cause exists.
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