The opinion of the court was delivered by: Honorable Oliver W. Wanger
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND MOTION HEARING
It is hereby stipulated by and between the parties hereto, through their respective attorneys of record, as follows:
A status conference and hearing on defendant's motions in this matter is currently set for December 14, 2009 at 9:00 am.
By agreement of the parties, it is requested that the status conference be continued until January 19, 2010 at 9:00 am.
The reason for this request is that counsel is the defendant's third attorney and the discovery is voluminous and requires significant time to review and to determine what, if any, pretrial motions should be filed. Further there is a plea offer outstanding that must be evaluated regarding whether or not counsel will advise the defendant to accept it.
It is further stipulated that the time between December 14, 2009 and January 19, 2010 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 allow sufficient time to analyze the plea offer of the government.
Based on the above, it is respectfully requested that the status conference and motion hearing be continued as set forth above.
CARL M. FALLER Attorney for Defendant BENJAMIN B. WAGNER United States Attorney By DAWRENCE W. RICE Assistant U.S. Attorney Attorney for the United States
Based upon the stipulation of the parties and good cause appearing, it is hereby
ORDERED that the status conference currently set for December 14, 2009, at 9:00 am, be continued to ...