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United States of America v. Matthew Mistachkin

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


January 27, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MATTHEW MISTACHKIN, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Maxine M. Chesney

CONTINUING STATUS CONFERENCE ; DIRECTIONS PLAINTIFF TO STIPULATION & [PROPOSED] ORDER

Date: February 2, 2011

Proposed Hearing Date: February 16, 2011

Current Hearing Time: 2:30 p.m.

Time: 2:30 p.m.

Judge: Hon. Maxine M. Chesney

The above-captioned case is currently scheduled for an status conference on Wednesday, February 2, 2011 at 2:30 p.m. Counsel for Mr. Mistachkin is unavailable for that hearing date 21 and respectfully requests that the status conference be continued to February 16, 2011. Mr. Mistachkin is aware of this continuance request and agrees to it. Undersigned counsel for Mr.Mistachkin has discussed this request with counsel for the Government, Assistant United States Attorney Benjamin Tolkoff. Mr. Tolkoff has no objection to the requested continuance; 25 accordingly, the parties jointly request this continuance. Undersigned counsel also contacted Your Honor's courtroom deputy and confirmed the Court's availability on the proposed date.

All time since August 26, 2010, when Mr. Mistachkin filed his motion to suppress, is 2 excluded from the running of the Speedy Trial clock. See 18 U.S.C. § 3161(h)(1)(D). As the 3 motion remains pending, no time will elapse from the Speedy Trial clock until the "hearing on, 4 or other prompt disposition of, such motion." Id.

IT IS SO STIPULATED.

January 25, 2011

BENJAMIN TOLKOFF

Assistant United States Attorney

January 25, 2011

DATED LOREN STEWART

Attorney for Matthew Mistachkin

[PROPOSED] ORDER

For good cause shown, the status conference now scheduled for Wednesday, February 2, 2011 is vacated. The matter shall be added to the Court's calendar on Wednesday, February 16, 2011 at 2:30 p.m. Further, plaintiff is hereby DIRECTED to comply, no later than January 31, 2011 with the Court's January 19, 2011 order, which order directed IT IS SO ORDERED. plaintiff to provide a chambers copy of its opposition to the motion to suppress, as well as a chambers copy of its sur-reply.

HON. MAXINE M. CHESNEY 21

United States District Judge

20110127

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