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United States of America v. Thomas O'meara

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


July 28, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
THOMAS O'MEARA, DEFENDANT.

The opinion of the court was delivered by: Jeremy Fogel United States District Judge

JF STIPULATION AND [PROPOSED] ORDER RESCHEDULING STATUS CONFERENCE AND EXCLUDING TIME FROM THE SPEEDY TRIAL ACT [18 U.S.C. § 3161(h)(8)(A)]

This matter is currently set for status on July 28, 2011. The parties now jointly request that the July 28, 2011 hearing date be reset to August 18, 2011 to allow defense counsel to review the additional 87,000 pages of discovery produced in the case. Based on the stipulation, the Court finds and holds as follows:

1. The currently scheduled July 28, 2011 hearing date is hereby vacated.

2. This matter is re-set for status on August 18, 2011 at 9:00 a.m.

3. The time between July 28, 2011 and August 18, 2011 is excluded under the Speedy Trial Act. The parties agree that the failure to grant the requested continuance would unreasonable deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(8)(B)(iv). The parties agree that the ends of justice are served by granting the continuance outweigh the best interest of the public and the defendant in a speedy trial and in the prompt disposition of criminal cases. See 18 U.S.C. § 3161(h)(8)(A).

IT IS SO ORDERED.

20110728

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