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United States of America v. Michael S. Ioane

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO


December 7, 2010

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MICHAEL S. IOANE, DEFENDANT.

The opinion of the court was delivered by: Honorable Lawrence J. O'Neill United States District Court Judge

ANTHONY P. CAPOZZI, CSBN 068525 LAW OFFICES OF ANTHONY P. CAPOZZI 1233 W. Shaw Avenue, Suite 102 Fresno, CA 93711 Telephone: (559) 221-0200 Fax: (559) 221-7997 E-mail: capozzilaw@aol.com Attorney for Defendant, MICHAEL S. IOANE

STIPULATION FOR CONTINUANCE AND ORDER THERE ON

IT IS HEREBY STIPULATED between Defendant, MICHAEL S. IOANE, by and through his attorney of record, Anthony P. Capozzi, and Plaintiff, by and through Assistant United States Attorney, Mark Cullers, that the Trial now scheduled to begin on Monday, January 31, 2011 be continued to Monday, April 11, 2011 at 8:30 a.m. In addition, the Trial Confirmation/Motions hearing will be moved from Friday, January 7, 2011 to Friday, March 11, 2011 at 8:00 a.m.

It is also stipulated that the motions will be rescheduled as follows:

Motions in Limine February 11, 2011 Responses February 25, 2011

Further, it is stipulated by the parties that any delay resulting from this continuance shall be excluded on the following basis:

(1) Title 18, United States Code, Section 3161(h)(7)(A) -- that the ends of justice served by taking such action outweighs the best interest of the public and the defendant in a speedy trial;

(2) Title 18, United States Code, Section 3161(h)(7)(B)(ii): that is unreasonable to expect adequate preparation for pre-trial proceedings or for the trial itself with the time limits established due to the complexity of the case.

Respectfully submitted,

ORDER

IT IS SO ORDERED. Good cause having been shown, the Trial Confirmation Hearing and Motion in Limine set for Friday, January 7, 2011 is vacated and rescheduled for Friday, March 11, 2011 at 8:00 a.m.

The Trial date of January 31, 2011 is also vacated and is rescheduled to begin on Monday, April 11, 2011 at 9:00 a.m.

Motions in Limine are now due on February 11, 2011 with responses due by February 25, 2011.

Additionally, time shall be excluded by stipulation from the parties and pursuant to 18 USC §§ 3161(h)(7)(A) and 3161(h)(7)(B)(ii).

/s/ Lawrence J. O'Neill

20101207

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