STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
The parties request that the status conference currently set for October 19, 2009 at 8:30 a.m. be continued to December 7, 2009 at 8:30 a.m in Courtroom 5. This matter involves five defendants, most of whom require the services of an interpreter, significant discovery and the need for investigation. Settlement negotiations have been undertaken.
It is further stipulated that the time between August 31, 2009 and December 7, 2009 be excluded from the calculation of time under the Speedy Trial Act. The parties submit that the ends of justice are served by the Court excluding such time so that the counsel for each party may have reasonable time necessary for investigation and effective preparation taking into account the exercise of due diligence. 18 USC § 3161(h)(7)(B)(iv) and Local Code T-4.
Specifically, defense counsel are still reviewing the discovery in the case and performing investigation in this matter. Additionally, defense counsel Linsay Weston who was recently appointed to represent Defendant Tien Le, replacing Mr. Bauer, continues to need additional time to become familiar with the case and perform her own investigation in this matter. All defense counsel need additional time to confer with each other and review a pending proposed settlement offer from the government with the defendants.
The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interest of the public and the defendant in a speedy trial. 18 USC § 3161(h)(7)(A).
DATED: October 15, 2009 ALICE WONG
DATED: October 15, 2009 DAN KOUKOL
DATED: October 15, 2009 WILLIAM PORTANOVA
DATED: October 15, 2009 JOSEPH WISEMAN
DATED: October 15, 2009 STEVEN BAUER
DATED: October 15, 2009 HEIKO COPPOLA Assistant United States Attorney