UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
July 19, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
THERESA YUET-HA YUENG,
The opinion of the court was delivered by: Judge: Hon. Susan Illston
[PROPOSED] STIPULATED ORDER CONTINUING STATUS CONFERENCE
Current Hearing Date: July 20, 2012 Time: 11:00 am
Proposed Hearing Date: September 14, 2012
Time: 11:00 am
The above-captioned case is currently scheduled for a change-of-plea on Friday, July 20, 2012 at 11:00 a.m. However, the parties have recently reached agreement regarding the production of certain documents for purposes of settlement, and government counsel is now endeavoring to produce those documents. Defense counsel will then require time to investigate the information contained therein. Accordingly, the parties jointly request that the change-of-plea be continued to September 14, 2012.
Further, the parties stipulate and jointly request that time be excluded from the Speedy Trial Act calculations from July 20, 2012 through September 14, 2012 for effective preparation of counsel. The parties agree that the ends of justice served by granting such a continuance outweighed the best interests of the public and the defendants in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A).
Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are seventy (70) days 13 remaining before the trial in this case must commence. The "speedy trial" date for this matter is 14 therefore November 23, 2012.
IT IS SO STIPULATED.
7-18-2012 /s/ DATED MELINDA HAAG United States Attorney Northern District of California MATTHEW L. McCARTHY Assistant United States Attorney 7-18-2012 /s/ DATED DOUGLAS RAPPAPORT Attorney for Theresa Yuet-Ha Yeung
For good cause shown, the status conference now scheduled for Friday, July 20, 3 2012 is vacated. The matter shall be added to the Court's calendar on Friday, September 14, 4 2012 at 11:00 a.m. for change of plea.
In addition, for the reasons stated above, the Court finds that an exclusion of time 6 from July 20, 2012 through September 14, 2012 is warranted and that the ends of justice served 7 by the continuance outweigh the best interests of the public and the defendant in a speedy trial. 8 See 18 U.S.C. §3161 (h)(7)(A). The failure to grant the requested continuance would deny 9 defense counsel the reasonable time necessary for effective preparation, taking into account the 10 exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. 11 §3161(h)(7)(B)(iv). Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are 12 seventy (70) days remaining before the trial in this case must commence, and the "speedy trial" 13 date by which trial must commence is therefore November 23, 2012.
IT IS SO ORDERED.
DATED HON. SUSAN ILLSTON United States District Court Judge
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