BENJAMIN B. WAGNER United States Attorney JASON HITT Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2751
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE DATE AND EXCLUDING TIME
Plaintiff, United States of America, by its counsel, Assistant United States Attorney Jason Hitt, and defendants Sean FARRELL, by and through his counsel Randall Daar, Esq., and Ethan STUART, by and through his counsel Shari White, Esq., stipulate and agree that the existing status conference date of June 11, 2012, should be vacated. The parties further stipulate and agree that a new status conference should be set for July 23, 2012, at 9:30 a.m.
The parties believe a continuance of the status conference from June to July will save judicial resources by eliminating an unnecessary status conference because the defense counsel are actively investigating the case and evaluating discovery produced by the United States. The time from June to July will give all the parties additional time to evaluate whether the defense will file any relevant motions, seek a proposed resolution of the case by guilty pleas, or proceed to a trial at a future date. For these reasons, the parties respectfully request that the Court vacate the June 11, 2012 status conference date and set a new status conference date of July 23, 2012, at 9:30 a.m. If the Court grants this request, the parties believe it will achieve a significant savings of time and judicial resources while the parties get closer to establishing motions to be filed, reaching resolution of the case, or setting a trial date.
The parties further stipulate and agree that the defendants and defense counsel will benefit greatly from the additional time between June and July in order for the defense to effectively evaluate the posture of the case and prepare for trial in this case and, in addition, in the interests of justice under 18 U.S.C. § 3161(h)(8)(B)(iv) and Local Code T4. Accordingly, the parties stipulate and agree that time should be excluded under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv) and Local Code T4.
Based upon the representations and stipulation of counsel, IT IS HEREBY ORDERED that:
1. The status conference in this matter is set for June 11,
2012, at 9:30 a.m. is VACATED;
2. A new status conference date is set for July 23, 2012, at 9:30 a.m.; and
3. Based upon the representations and stipulation of the parties, the Court finds that the time exclusion under 18 U.S.C. § 3161(h)(8)(B)(iv) applies and the ends of justice outweigh the best interest of the public and the defendants in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded from June 11, 2012, up to and including July 23, 2012.
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