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United States v. Brooks

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


December 10, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
STEVEN HARRIS BROOKS, DEFENDANT.

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

DEFENDANT'S STIPULATION TO RESET MOTIONS SCHEDULE AND HEARING, AND ORDER DATE: January 8, 2010 TIME: 8:30 AM

IT IS HEREBY STIPULATED, by and between the parties hereto, and through their respective attorneys of record herein, that a new motions schedule be set as follows: government's responses to defense motions shall be filed on or before December 24, 2009, replies shall be due on or before December 31, 2009, and the hearing on motions now set for December 11, 2009, may be continued to January 8, 2010, at 8:30 A.M.

This continuance is requested by counsel for Defendant. Counsel was unable to file the anticipated motion within the set time. Counsel needed additional time to prepare the motion and is able to file the motion at this time. As a consequence of the counsel's filing of the motion on today's date, government's counsel needs additional time to prepare a response to the motion. The requested continuance will conserve time and resources for all parties and the court.

The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice herein for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A), 3161(h)(7)(B)(i) and (iv).

DATED: December 9, 2009

ORDER

GOOD CAUSE IS QUESTIONABLE, SINCE NO REASON WAS PROVIDED FOR BEING UNABLE TO FILE THE TIMELY MOTIONS. THIS TIME, HOWEVER, COUNSEL IS GIVEN THE BENEFIT AND THE STIPULATION/REQUEST IS GRANTED. TIME IS EXCLUDED.

IT IS SO ORDERED.

Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

20091210

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