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United States of America v. Robert Edward Mulready

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 11, 2012

UNITED STATES OF AMERICA
PLAINTIFF,
v.
ROBERT EDWARD MULREADY, DUANE PATRICK PETERSEN,
DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

DONALD H. HELLER, SBN 55717 DONALD H. HELLER 2 A Law Corporation 701 University Avenue, Suite 100 Sacramento, CA 95825 4 3 Telephone: (916) 974-3500 Facsimile: (916) 520-3497 5 6 Attorneys for Defendant ROBERT EDWARD MULREADY 7

STIPULATION TO EXTEND SCHEDULE TO FILE MOTIONS, AND BRIEFING SCHEDULE AND ORDER

Defendant Robert Mulready and the United States of America, by and through counsel of 20 record, hereby stipulate as follows: 21

1. On October 26, 2012, the Court set a motions schedule as follows: Motions due 12/20/12; opposition due 2/8/13; reply due 2/15/13; and a Motion Hearing set for 3/1/2013 at 09:00 AM. 24

2. The defendant and the government has entered into settlement negotiations and 25 the defendant to date has not received discovery of certain evidence pertaining to a search at a 26 Federal Express location on or about May 4, 2012, in Sacramento, California. 27

3. Accordingly, in the interest of judicial economy and the parties effort to negotiate 28 a resolution of this matter the parties have agreed to change the motion schedule as follows:

4. All motions to be filed by February 1, 2013; opposition due by March 5, 2013; 2 reply due March 19, 2013, and a Motion Hearing to be heard on April 19, 2013 at 9:00 AM. 3

5. Time for commencement of trial under the Speedy Trial Act, 18 U.S.C. §§ 3161, 4 et.seq. for the time period from [Date of the filing of this stipulation] to April 19, 2013, is 5 deemed excluded pursuant to 18 U.S.C. § 3161(h)(7)(A), B(iv) [Local Code T4] because the 6 ends of justice served by taking such action outweigh the best interest of the public and the 7 defendant in a speedy trial as reflected by the averments in this stipulation. 8 9 10

ORDER

GOOD CAUSE APPEARING, based on the above stipulation, it is hereby ordered that 20 the previous motion scheduled is hereby vacated and the following motion schedule is hereby 21 ordered as follows: All motions to be filed by February 1, 2013; opposition due by March 5, 22 2013; reply due March 19, 2013, and a Motion Hearing to be heard on April 19, 2013 at 9:00 23 AM. 24 It is further ordered that thetime for commencement of trial under the Speedy Trial Act, 25 18 U.S.C. §§ 3161, et.seq. for the time period from [Date of the filing of this stipulation] to April 26 19, 2013, is deemed excluded pursuant to 18 U.S.C. § 3161(h)(7)(A), B(iv) [Local Code T4] 27 because the ends of justice served by taking such action outweigh the best interest of the public 28 and the defendant in a speedy trial as reflected by the averments in this stipulation.

20121211

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