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United States of America v. Ericka Ortiz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


February 10, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ERICKA ORTIZ,
DEFENDANT.

The opinion of the court was delivered by: James Ware United States District Court Judge Chief Judge

ELIZABETH C. PETERSON, State Bar No. 194561 WILSON SONSINI GOODRICH & ROSATI 2 Professional Corporation 650 Page Mill Road 3 Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 4 Facsimile: (650) 565-5100 Email: epeterson@wsgr.com 5 6 Attorneys for Defendant Ericka Ortiz 7 8

STIPULATION AND [PROPOSED] ORDER RESCHEDULING HEARING, EXCLUDING TIME

Date: February 14, 2011 Time: 1:30 p.m.

Court: The Hon. James Ware

The parties had scheduled before the Court a further status hearing for February 14, 2011, 21 at 1:30 p.m. The parties are continuing discussions as to the resolution of this case. Therefore, 22 the parties jointly request that the hearing be continued to February 28, 2011, at 1:30 PM. The 23 parties agree that the interests of justice are served by this continuance which will permit the 24 parties reasonable time necessary for effective preparation and resolution of this matter, and thus 25 the time from February 14, 2011, through and including February 28, 2011, should be excluded 26 pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), (B)(iv). 27 28

IT IS SO STIPULATED. 2

ORDER

Based upon the stipulation of the parties, and for good cause shown, IT IS HEREBY

ORDERED THAT the parties' further status hearing be rescheduled to February 28, 2011, at 4 1:30 p.m. 5

For good cause shown, the Court further finds that failing to exclude the time from February 14, 2011, through and including February 28, 2011, would deny counsel the reasonable 7 time necessary for effective preparation, taking into account the exercise of due diligence. 18 8

U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding 9 the time from February 14, 2011, through and including February 28, 2011, from computation 10 under the Speedy Trial Act outweigh the best interests of the public and the defendant in a 11 speedy trial. 12

Therefore, IT IS HEREBY FURTHER ORDERED that the time from February 14, 2011, 13 through and including February 28, 2011, shall be excluded from computation under the Speedy 14 Trial Act. 18 U.S.C. § 3161(h)(7)A) and (B)(iv). 15

IT IS SO ORDERED.

20110210

© 1992-2011 VersusLaw Inc.



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