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United States of America v. Giuseppe Penzato and

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 14, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GIUSEPPE PENZATO AND KESIA PENZATO, DEFENDANTS.

The opinion of the court was delivered by: Edward M. Chen United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING MOTIONS HEARING AND/OR STATUS CONFERENCE

The parties in this matter are currently scheduled to appear before the Court for a hearing 21 on discovery motions and/or a status conference on November 14, 2012. Since their last 22 appearance, the parties have been actively engaged in settlement negotiations and have now 23 agreed on the general terms of a potential resolution. There remains one outstanding issue relating 24 to a parallel civil case that the parties are currently attempting to resolve. 25

In order to allow sufficient time to resolve the outstanding issue and reduce the agreement 26 to writing, the parties jointly propose a short continuance of the upcoming hearing date. 27

Specifically, the parties jointly submit that the hearing date and status conference presently scheduled for November 14, 2012 should be continued to December 12, 2012 for status or change-2 of-plea. In the event the parties achieve a resolution, the parties will send the Court copies of the 3 plea agreements in advance of the December 5 appearance. 4

The parties further agree and stipulate that the time from November 14, 2012 through 5 December 12, 2012 should be excluded under the Speedy Trial Act. Given the need for defense 6 counsel to consult with third parties concerning issues relating to the parallel civil case, the parties 7 agree that the failure to grant a continuance would unreasonably deny the defendants the 8 reasonable time necessary for effective preparation, taking into account the exercise of due 9 diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).

IT IS SO STIPULATED.

DATED: November 9, 2012 Respectfully submitted, 12 /s/ Josh Cohen Nanci Clarence Josh Cohen Attorneys for GIUSEPPE PENZATO /s/ Gail Shifman 16 17 Gail Shifman Attorney for KESIA PENZATO /s/ Owen Martikan Owen Martikan Assistant United States Attorney

ORDER

Pursuant to stipulation, and for good cause shown, it is hereby ORDERED that the motions hearing and status conference presently scheduled for November 14, 2012 shall be continued to 2:30 p.m.

December 12, 2012 at 2:00 p.m. It is further ORDERED that the time from November 14, 2012 through December 12, 2012 shall be excluded under the Speedy Trial Act. The Court finds that the ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A). Further, the Court finds that the 2 failure to grant a continuance would unreasonably deny the defendants the reasonable time 3 necessary for effective preparation, taking into account the exercise of due diligence. See 18 4 U.S.C. § 3161(h)(7)(B)(iv). IT IS SO ORDERED.

20121114

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