IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
May 12, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
RICHARD BAREKZIA, DEFENDANT.
The opinion of the court was delivered by: Laurel Beeler United States Magistrate Judge
STIPULATION TO CONTINUE; [PROPOSED] ORDER CONTINUING CASE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
IT IS HEREBY STIPULATED, by and between the parties to this action, that the STATUS HEARING date of May 12, 2010 presently scheduled at 10:00 a.m., before the Honorable Laurel Beeler, be vacated and re-set for June 17, 2010 at 9:30 a.m. before the Honorable Donna M. Ryu for TRIAL/MOTIONS SETTING OR CHANGE OF PLEA.
The reason for this request is that defense counsel is currently reviewing, organizing and investigating approximately 12,000 pages of discovery. This case involved numerous witnesses and numerous complicated and relevant financial transactions. The defense needs additional time to prepare its case. Additionally, Mr. Barekzia's health has impeded his ability to meet with defense counsel. Also, both counsel wish to meet and exchange information in the hopes of resolving the case prior to requesting a motions or trial date.
The parties agree and stipulate that the time until June 17, 2010 should be excluded, under 18 U.S.C. §3161(H)(7)(A) because the ends of justice served by the granting of the continuance outweigh the bests interests of the public and the defendant in a speedy and public trial. The continuance is necessary to accommodate defense counsel's preparation efforts in a case involving a voluminous amount of discovery.
The court finds that the ends of justice served by the granting of the continuance outweigh the bests interests of the public and the defendant in a speedy and public trial. The continuance is necessary to accommodate counsel's preparation efforts given that this case involves approximately 12,000 pages of discovery to review, organize, and investigate, as well as numerous witnesses and complicated financial transactions. The defendant's health issues require that additional time be given for preparation of counsel, and the attorneys intend to meet and exchange information in an attempt to resolve this case. Based on these findings, IT IS HEREBY ORDERED THAT the above-captioned matter is continued to June 17, 2010 at 9:30 a.m. before Hon. Donna M. Ryu, and that time is excluded from May 12, 2010 to June 17, 2010 pursuant to 18 U.S.C. §§3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
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