The opinion of the court was delivered by: Hon. Lawrence J. O'Neill
BENJAMIN B. WAGNER United States Attorney BRIAN W. ENOS Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for United States of America
STIPULATION TO VACATE STATUS CONFERENCE AND SET AUGUST 19, 2011 TRIAL CONFIRMATION HEARING; ORDER Date: N/A Time: N/A Ctrm: 4
IT IS HEREBY STIPULATED by and between the parties hereto, through their respective attorneys of record, that the status conference presently set for Thursday, July 28, 2011 be vacated, and a trial confirmation hearing be set to take place on Friday, August 19, 2011 at 9:00 a.m.
By way of brief background, on June 30, 2011 the parties stipulated to (1) continue this case's trial date from August 29, 2011 to October 3, 2011, as well as (2) set a preceding status conference on July 29, 2011. Within that stipulation, the parties stated that they would "address the re-scheduling of the trial confirmation hearing as well as the status of any efforts to resolve the case" at the July 29, 2011 status conference. Doc. 23, at 1:23-25.
On July 5, 2011, the court found the stipulation to be supported by good cause and endorsed it by way of formal order. Doc. 24. On July 12, 2011, the court issued a minute order advancing the Friday, July 29, 2011 status conference to Thursday, July 28, 2011. Doc. 25.
Since the issuance of the above scheduling orders, the parties have continued to confer about the case, including both counsel availability regarding a trial confirmation hearing as well as issues bearing on this case's resolution. As a result, the matters the parties expected to raise at the July 28, 2011 status conference have been addressed. Accordingly, the parties stipulate to vacating the presently-scheduled July 28, 2011 status conference, and setting a trial confirmation hearing to take place within the court's 9:00 a.m. calendar on Friday, August 19, 2011.
The parties' stipulation is based on good cause and expedites this case by rendering the status conference unnecessary. Specifically, counsel for the government is in the process of preparing draft plea agreements for internal approval and ultimate distribution, and will distribute draft agreements to each defendant in time for all parties to be able to advise the court by August 19, 2011 whether either or both defendants will be changing their pleas (counsel for the government expects to have agreements distributed to respective defense counsel within a week). In addition, and assuming this case is ultimately tried, counsel for all parties have determined that they are available to appear at a trial confirmation hearing on August 19, 2011.
For the above-stated reasons, a vacated July 28, 2011 status conference and stipulated August 19, 2011 trial confirmation hearing will conserve time and resources for both parties and the court. Any delay resulting from this continuance shall be excluded in the interests of justice, and the ends of justice in endorsing this stipulation through formal order outweigh the interests of defendants and the public in a speedy trial. See 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(ii).
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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