The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
Mopsick & Williams, LLP Betty J. Williams (SB# 224793) 2 3600 American River Drive, Suite 220 Sacramento, California 95864 3 (916) 488-8501 (916) 488-8196 fax Attorneys for Defendant
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE
This is a tax evasion case involving the years 2004, 2005 and 2006. The Defendant has 19 recently received the first 1,500 pages of discovery on May 6, 2011 and the Special Agent's Report 20 (SAR) was provided this week as well. Substantial additional discovery documents are anticipated 21 by Defendant who is conducting his own investigation and reviewing the documents. There are 22 outstanding employment tax issues and there are numerous tax returns which the Defendant is in the 23 process of preparing to submit to the Internal Revenue Service, and to accurately determine the 24 Defendant's tax liability for the years in issue; however because of the state of the financial records, 25 as noted in the SAR and discovery, this is a time-consuming operation. Therefore, the parties, 26 through undersigned counsel, stipulate that the status conference scheduled for May 27, 2011, may 27 be continued to August 26, 2011 at 9:00 a.m. 28 The parties further stipulate that time may be excluded from the speedy trial calculation under the Speedy Trial Act through the new status conference date of August 26, 2011, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) and Local Code T4, for counsel preparation, because the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial.
Plaintiff's counsel has authorized defense counsel to sign this stipulation on his behalf.
Good cause appearing, the status conference scheduled for May 27, 2011 is ordered 6 continued to August 26, 2011, at 9:00 a.m. The Court finds that the interests of justice served by 17 granting this continuance outweigh the interests of the defendant and the public in a speedy trial.
Therefore, time is excluded from the speedy trial calculation under the Speedy Trial Act through the 19 new status conference date of August 26, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A)&(B)(iv) and 20
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