The opinion of the court was delivered by: Hon. Oliver W. Wanger Judge of the Eastern District
STIPULATION AND ORDER TO EXTEND DATE FOR HEARING ON MOTION FOR RELEASE PENDING APPEAL
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MARK JOSEPH McKEON, Assistant United States Attorney for Plaintiff, and PATIENCE MILROD, appellate counsel for the defendant herein:
1. Appellate counsel for Roger Remy was appointed on September 8, 2009 to represent Mr. Remy in his appeal.
2. Appellate counsel received trial counsel's file on September 29, 2009.
3. On December 7, 2009 appellate counsel discovered missing exhibits.
4. As of December 10, 2009 appellate counsel is still trying to locate missing exhibits.
5. On December 10, 2009 Appellate counsel requested an extension of time to file opening brief due to the missing exhibits. The Ninth Circuit Court of Appeals granted the extension.
6. On December 10, 2009 Appellate counsel's staff spoke to Mr. McKeon and informed him that we would be seeking the minimum two week extension but would file the opening brief tomorrow. He said he was fine with extension but that he would need more time before the hearing on Monday, December 14, 2009 to read opening brief. Mr. McKeon further indicated that he would be out office starting December 18, 2009 to January 1, 2009.
7. The parties hereby stipulate to an order extending the date on defendant, Roger Remy's, motion for release pending appeal from December 14, 2009 to a new date of January 19, 2010 at 9:00 a.m.
PATIENCE MILROD Attorney for defendant ROGER REMY
Mark Joseph McKeon United States Attorney
LAWRENCE G. BROWN By MARK JOSEPH McKEON Assistant ...