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United States v. Garcia

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 15, 2010

UNITED STATES OF AMERICA, PLAINTIFF
v.
JUAN PAULO D. GARCIA AND IAN CARL GARCIA, DEFENDANTS

The opinion of the court was delivered by: Honorable Marilyn Hall Patel United States District Court Judge

STIPULATION AND [PROPOSED] ORDER WAIVING PERSONAL APPEARANCE OF DEFENDANTS

IT IS HEREBY STIPULATED by and between the parties hereto and their respective undersigned counsel, and with the consent of Defendants Juan Paulo Garcia and Ian Carl Garcia, that their personal appearance be waived for the hearing presently scheduled for April 19, 2010 at 10:00 a.m.

At the hearing scheduled for April 19, 2010, the defense will request a further continuance in order to allow coordination of the matter before this Court and the extradition matter currently pending before the Honorable Edward C. Chen in case number CR-09-90136 MISC. A Settlement Agreement in the case in the Philippines is currently under submission for approval by the Sandiganbayan (the Court in the Philippines assigned to hear matters related to corruption). Resolution of the case in the Philippines will resolve the pending extradition case before Judge Chen and should facilitate resolution of the criminal matter pending before this Court. The defense believes that resolution of the case before the Sandiganbayan is imminent.

At the status conference on April 19, 2010, the defense will be prepared to articulate a basis for an exclusion of time for the anticipated further request for continuance.

Because the defendants in this matter are residents of Michigan and Nevada, and their travel would be unduly burdensome given the defense's anticipated request for a further continuance, the parties stipulate that it is appropriate to waive the defendants' personal appearance for the status hearing currently scheduled for April 19, 2010.

DATED: April 14, 2010

ORDER

IT IS SO ORDERED.

20100415

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