The opinion of the court was delivered by: Honorable Maxine M. Chesney United States District Judge
STIPULATION AND [PROPOSED] ORDER SETTING DATE FOR EVIDENTIARY HEARING ORDER DENYING STIPULATION
Date: April 14 / May 27, 2010 17
Time: 2:30 p.m. / 9:00 a.m.
The parties were last before the Court on March 17, 2010, for an initial appearance on an alleged violation of probation. At that time, the parties requested and the Court ordered that the matter be continued until April 14, 2010. The stated reasons for this extension were to determine whether there would be a resolution to the Contra Costa County matter that gave rise to the allegation, and to afford the parties ample time to negotiate a resolution of the instant matter.
As of the date of this filing, the parties are not likely to resolve the instant matter and would therefore request an evidentiary hearing. The parties have conferred and discussed scheduling with the Clerk of the Court. Based on the schedule of the parties and the Court, the earliest date on which an evidentiary hearing could be held is May 27, 2010. Therefore, the parties respectfully request an evidentiary hearing on May 27, 2010.
JOSEPH P. RUSSONIELLO United States Attorney
BENJAMIN P. TOLKOFF Assistant United States Attorney
STEVE WHITWORTH Attorney for JOSHUA PRATCHARD
For the reasons stated above, the Court orders that an evidentiary hearing shall be held on May 27, 2010, at 9:00 a.m., to determine whether the defendant has violated the terms of 16 probation as alleged. The above stipulation is hereby DENIED without prejudice, and the parties 17 shall appear on April 14, 2010 as currently scheduled, at which time the parties should be prepared to address the status of "the Contra Costa County matter" and its effect, if any, on the proceedings in federal court.