UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
June 8, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: The Hon. Maxine M. Chesney United States District Court Judge
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division DEREK OWENS (CABN 230237) Assistant United States Attorney 450 Golden Gate Avenue, 11th Floor San Francisco, California 94102 Telephone: (415) 436-6488 Fax: (415) 436-7234 Email: Derek.Owens@usdoj.gov Attorneys for the United States of America
STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND MOTION HEARING
On May 4, 2011, the parties in this case appeared before the Court and set a briefing schedule for the defendant's motion to suppress evidence. On May 12, the Honorable Jeffrey S. White set a trial schedule for a case government counsel is handling that included extensive pretrial filings that were filed on May 23, a pretrial conference date of June 6, jury selection on June 21, and the presentation of evidence commencing June 29.
The defendant in the instant matter timely filed his motion to suppress on May 25, 2011, the government's brief is due June 8, 2011, and the motion hearing is scheduled for June 22, 2011.
Since the defendant's May 25 filing, the government has been working to interview witnesses in preparation for its June 8 response filing. Due to the conflicting schedules of government counsel and the witnesses, the government has not been able to meet and secure documents needed to file the response motion on June 8. The government is therefore seeking a continuance of one week to file its response in order to secure the necessary documents.
Defense counsel has indicated that he has no objection to the continuance. The parties also request that the hearing previously scheduled for June 22, 2011 be continued to July 6, 2011 at 2:30 p.m. The parties hereby jointly and respectfully request the briefing/hearing schedule be revised as follows:
June 15, 2011: Government Response to Defendant's Motion to Suppress June 22, 2011: Defendant Reply July 6, 2011 at 2:30 p.m.: Motion Hearing
The hearing previously scheduled for June 22, 2011 is hereby continued to July 6, 2011 at 2:30 20 p.m. before the Honorable Maxine M. Chesney. The government shall file a response to the 21 defendant's motion to suppress on June 15, 2011, and the defendant shall file any reply by June 22, 2011. Further, the period of time beginning June 22, 2011 to and including July 6, 2011 hereby excluded in computing the time within which the trial must commence, pursuant to 18 U.S.C. § 3161(h)(1)(D).
IT IS SO ORDERED.
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