The opinion of the court was delivered by: Lawrence J. O'neill United States District Judge
Date: December 2, 2009 Time: 9:00 am Honorable Lawrence J. O'Neill
STIPULATION TO CONTINUE STATUS CONFERENCE
It is hereby stipulated by and between the parties hereto, through their respective attorneys of record, as follows:
A status conference in this matter is currently set for December 4, 2009 at 9:00 am.
By agreement of the parties, it is requested that the status conference be continued until January 15, 2010 at 9:00 am.
The reason for this request is that, while the bulk of the discovery has been provided, there is still evidence seized pursuant to a search warrant that is being inspected and reviewed by both the government and the defense. Further, codefendant Brian Stretch is still involved in state criminal proceedings and has not been transported to this district. Finally, the government and the defense have had preliminary settlement discussions and the requested continuance would allow an opportunity to engage in further negotiations prior to the next court appearance.
It is further stipulated that the time between December 4, 2009 and January 15, 2009 shall be excluded under the Speedy Trial Act, Title 18, United States Code, Sections 3161(h)(7)(A) and (h)(7)(B)(iv), in that the ends of justice are served by such exclusion, to allow the defendant reasonable time to review all available discovery, taking into account the exercise of due diligence, to provide for the transportation of the codefendant to this district and to allow further settlement negotiations that may result in an expeditious conclusion to the case as far as this defendant is concerned.
Based on the above, it is respectfully requested that the status conference be continued as set forth above.
CARL M. FALLER Attorney for Defendant BENJAMIN B. WAGNER Acting United States Attorney
MARK J. McKEON Assistant U.S. Attorney Attorney for the United States
Based upon the stipulation of the parties and good cause ...