IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 2, 2012
UNITED STATES OF AMERICA,
JOHN DANIEL LEITAKER
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
MARK J. REICHEL, Bar #155034 REICHEL & PLESSER L.L.P. Attorneys At Law 455 Capitol Mall, 3rd Floor, Suite 350 Sacramento, California 95814 Telephone: (916) 498-9258 Fax: (916) 441-6553 email@example.com www.reichelplesser.com Attorney for Defendant JOHN DANIEL LEITAKER
STIPULATION TO SET BRIEFING
SCHEDULE; ORDER THEREON
Date: September 13, 2012
Time: 8:30 a.m.
Judge: Hon. Morrison C. England, Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MATTHEW G. MORRIS, Assistant United States Attorney, attorney for Plaintiff, and MARK J. REICHEL, Esq., attorney for defendant LEITAKER, that the status conference previously scheduled for August 2, 2012 shall be vacated.
The parties agree to set a briefing schedule for the filing of dispositive pre trial motions.
Defense Filing: August 16, 2012
Government Opposition: August 30, 2012 Defense Replies: September 6, 2012 Hearing on the Motions: September 13, 2012
At the hearing on the 13th, if the motions are denied, the hearing will be a trial setting date, and/or the setting of the date for a change of plea.
Accordingly, all counsel and defendant agree that time under the Speedy Trial Act from the date of lodging of the stipulation through September 13, 2012 should be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to Title
18 U.S.C. § 3161 (H)(7)(B)(iv) and Local Code T4, and that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial.
In accordance with the foregoing stipulation, time is excluded in the interests of justice pursuant to 18 U.S.C. § (H)(7)(B)(iv) and Local Code T4, and the Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial.
The August 2, 2012 status conference in this matter is accordingly vacated and the briefing schedule for filing dispositive pretrial motions is adopted as set forth above. The hearing on those motions shall be September 13, 2012 at 9:00 a.m. in Courtroom No. 7.
IT IS SO ORDERED.
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