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United States of America v. Embarcadero Francisco

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 28, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
EMBARCADERO FRANCISCO, LAWRENCE R. GOLDFARB AND BAYSTAR CAPITAL MANAGEMENT, DEFENDANTS.

The opinion of the court was delivered by: William H. Alsup United States District Judge

RICHARD J. NELSON (State Bar No. 141658) E-Mail: rnelson@sideman.com 2 1 STEVEN M. KATZ (State Bar No. 164617) E-Mail: skatz@sideman.com 3 SIDEMAN & BANCROFT LLP One Embarcadero Center, Eighth Floor 4 San Francisco, California 94111-3629 Telephone: (415) 392-1960 5 Facsimile: (415) 392-0827 6 Attorneys for Defendants LAWRENCE R. GOLDFARB 7 and BAYSTAR CAPITAL MANAGEMENT, 8 9 BANCROFT LLP

FLOOR CENTER,

STIPULATED ORDER RESCHEDULING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

The parties are scheduled to appear before this Court on December 4, 2012, for status. At 2 the last status conference on September 18, 2012, and in a Stipulated Order dated 3 October 10, 2012 (Docket 49), the parties advised the Court of a medical issue affecting 4 Defendant Lawrence Goldfarb. Counsel for both parties have spoken to Mr. Goldfarb's treating 5 doctor and confirmed that the medical issue persists and it is not recommended that Mr. Goldfarb 6 attend the scheduled status conference on December 4, 2012. In addition, due to the medical 7 issue, the parties will not be able to conduct a settlement conference, which the parties had 8 intended to conduct on November 28, 2012, prior to the scheduled December 4, 2012 status 9 conference, as ordered by the Court. The parties intend to file a status statement under seal describing Mr. Goldfarb's medical condition in more detail.

A new settlement conference is scheduled for January 3, 2013. In light of Mr. Goldfarb's medical issue, the parties respectfully request that the Court re-schedule the December 4, 2012 status conference to January 8, 2013 at 2:00 p.m., so as to allow the medical issue to be addressed 14 and to allow the parties to conduct the settlement conference prior to the next status conference.

Further, pursuant to 18 U.S.C. Section 3161(h)(7)(B)(ii) and (iv), the parties ask the Court to exclude time under the Speedy Trial Act from December 4, 2012, to January 8, 2013, due to the complexity of the case and to allow for adequate preparation for pretrial proceedings and due to Mr. Godlfarb's medical issue. 19 20

STIPULATED: 21

IT IS SO ORDERED

20121128

© 1992-2012 VersusLaw Inc.



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