IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 26, 2011
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
BENJAMIN B. WAGNER United States Attorney WILLIAM S. WONG Assistant U.S. Attorney 501 I Street, Ste 10-100 Sacramento, CA 95814 Telephone (916) 554-2790
STIPULATION AND (PROPOSED) ORDER TO RESET BRIEFING SCHEDULE
The United States of America, through its counsels of record, Benjamin B. Wagner, United States Attorney for the Eastern District of California, and William S. Wong, Assistant United States Attorney, and defendant Reginald Bowser, through his counsel, Philip Schnayerson, Esq., stipulate and agree to the following revised briefing schedule. The defendant's motion to suppress evidence is currently set for June 10, 2011, at 9:00 a.m.:
1. Government's response shall be filed no later than May 27, 2011;
2. Defendant's reply, if any, shall be filed no later than June 3, 2011; and
3. A non-evidentiary hearing on the motion to be set for June 10, 2011, at 9:00 a.m.
Counsel for the government is currently working on a 9th Circuit brief and needs time to conduct further legal research and write its opposition to the defendant's motion to suppress evidence. Defense counsel then needs additional time to respond to the government's opposition. Accordingly, the parties stipulate to the revised briefing schedule. This request does not change the nonevidentiary hearing date which is currently scheduled for June 10, 2011, at 9:00 a.m.
For the reasons set forth above, the revised briefing schedule is adopted. Since the defendant has filed his motion to suppress evidence, time will continue to be excluded because of the pending motion pursuant to Local Code E and 18 U.S.C. § 3161(h)(1)(D), and Local Code T-4 from the filing of the motion to June 10, 2011, or whenever the Court rules on motion, whichever is later.
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