The opinion of the court was delivered by: Hon. Oliver W. Wanger
STIPULATION TO CONTINUE STATUS HEARING and ORDER
Court: Hon. Oliver W. Wanger IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KATHLEEN SERVATIUS, Assistant United States Attorney for Plaintiff, and PATIENCE MILROD, counsel for the Defendant:
1. On January 30, 2011 counsel for the defendant mailed to the Mexican Consulate a Declaration for Patricia Rios in Support of Request for Finding of Defendant's True Age. The Consulate had agreed to help counsel locate defendant's mother and obtain her signature in Mexico.
2. On February 7, 2011, Lester Velasquez called from the consulate and spoke with Ms. Milrod's assistant. Mr. Velasquez had questions about who could translate and who would pay for someone to translate. Ms. Milrod's assistant informed Mr. Velasquez that depending on the amount of money her office would need to ask the Court for permission to incur such an expense. At that time Mr. Velasquez had no further questions.
3. On February 9, 2011 Mr. Velasquez called Ms. Milrod's office requesting additional information about the defendant's charges. Ms. Milrod gave Mr. Velasquez the information he requested. Because Mr. Lauriano-Rios's family lives in a very isolated village, Mr. Velasquez could not give Ms. Milrod any reliable estimate when consular officials would be able to secure Ms. Rios' signature on the declaration. Ms. Milrod mentioned to him how difficult it is to contact the consulate in Fresno: both Ms. Milrod and her assistant had encountered busy signals for hours each time we have tried to contact them. Mr. Velasquez acknowledged the problem, apologized for the inconvenience, and provided an additional telephone number (but which he could not promise would be any less congested).
4. Not having heard from Mr. Velasquez, and mindful that the next hearing in this Court is scheduled for March 7, 2011, on March 2 Ms. Milrod's assistant tried contacting him at the Consulate between 3:00 p.m. and 4:00 p.m., but upon repeated tries found all lines busy.
5. On March 3, 2011, Ms. Milrod's assistant again tried repeatedly to contact Mr. Velasquez at the Consulate between 9:00 a.m. and at 9:30 a.m., and again the lines were busy.
6. On March 3, 2011, the parties conferred and agreed to put over the hearing to allow sufficient time to get a status report from the Consulate.
7. Therefore, the parties hereby stipulate to an order continuing the date for the hearing, from March 7, 2011 at 1:30 p.m. to a new date of March 28, 2011 at 1:30 p.m
PATIENCE MILROD Attorney for defendant JORGE LUAS LAURIANO-RIOS ...