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United States v. Auerbach

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


January 11, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FRANK R. AUERBACH, DEFENDANT.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

JUDGE: Honorable Sandra M. Snyder

STIPULATION TO CONTINUE STATUS CONFERENCE HEARING; ORDER TIME: 10:00 AM DATE: February 11, 2010

IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the status conference hearing in the above-entitled matter now scheduled for January 14, 2010, may be continued to February 11, 2010 at 10:00 a.m.

This continuance is requested by counsel for the defendant because Mr. Auerbach had been awaiting a decision from an arbitration hearing regarding the status of his employment with the Internal Revenue Service (IRS) before finalizing plea negotiations in this matter. Mr. Auerbach was notified of the arbitration decision on January 8, 2010, and is currently working out the final details of his employment status with the IRS. The requested continuance should allow him sufficient time to resolve his employment matter and to complete plea negotiations in the instant case prior to hearing. The requested continuance will conserve time and resources for both counsel and the court.

The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for further defense preparation pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B).

ORDER IT IS SO ORDERED. Time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

IT IS SO ORDERED.

20100111

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