The opinion of the court was delivered by: Judge: Hon. John A. Mendez
TONI H. CARBONE (SBN 210119) ATTORNEY AT LAW 11930 Heritage Oak Pl. #6 Auburn, CA. 95603 (530) 885-6244 Fax (530) 885-8245 Attorney for Defendant NADIA TALYBOV
ORDER CONTINUING STATUS CONFERENCE
Date: November 6, 2012 Time: 9:45 a.m.
The parties hereby stipulate the following:
1. Status Conference in this matter is presently set for November 6, 2012.
2. By this stipulation, defendants move to continue the status conference until January 22, 2013 and to exclude time between November 6, 2012 and January 22, 2013 under Local Code T4. Discovery in this matter is voluminous. The government does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following: (a) As of this date, discovery stands at 7,465 pages consisting of investigative reports and related documents.
(b) This continuance is requested to allow counsel additional time to review discovery with the defendants, to examine possible defenses and to continue investigating the facts of the case.
(c) Defense counsel believe that the failure to grant the above-requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
(d) The government does not object to the continuance. (e) Based on the above-stated findings, the ends of justice are served by continuing the case as requested outweigh the interest of the public and the defendants in a trial within the original date prescribed by the Speedy Trial Act. (f) For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of November 6, 2012 to January 22, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at the defendants' request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendants in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
GOOD CAUSE APPEARING, it is hereby ordered that the date for the status conference of the above-named defendants be continued from November 6, 2012 to January 22, 2013 AT 9:45 A.M. It is further ordered that this is an appropriate exclusion of time within the meaning of Title 18, United States Code§ 3161(h)(7)(B)(iv) (effective preparation, specifically that defense counsel need time to review discovery with the defendants, examine possible defenses, continue investigating the facts of the case, and work towards resolution) and Local Code T4, and that the ends of justice will be ...