STIPULATION AND REQUEST FOR 60-DAY EXTENSION OF TIME TO FILE REPLY BRIEF; ORDER Current due date: 12/31/12 Requested due date: 2/25/13
Plaintiff/Appellee United States of America, by and through Benjamin B. Wagner, United States Attorney, and ANDREW L. GRADMAN, Special Assistant United States Attorney, hereby requests a two-month extension of time in which to file the reply brief in the above-entitled case, from Monday, December 31, 2012 to February 25, 2013.
The parties stipulate that this extension is necessary. Furthermore, by the attached declaration, counsel declares that this extension is necessary.
BENJAMIN B. WAGNER United States Attorney Dated: December 17, 2012 By: /s/ Andrew L. Gradman ANDREW L. GRADMAN Special Assistant U.S. Attorney Dated: December 17, 2012 By: /s/ Katherine Hart KATHERINE HART, Attorney for MICHELLE MAZZETTI DECLARATION OF COUNSEL
I, ANDREW GRADMAN, do hereby declare under penalty of perjury as follows:
1. I am a Special Assistant U.S. Attorney for the Eastern District of California. I am an attorney of record in this case and am familiar with the facts described below.
2. On October 8, 2012, defendant requested a two-month extension of time within which to file its opening brief. As a result of this extension, defendant's brief was made due on December 10, 2012, and plaintiff's brief became due on December 31.
3. I will be unavailable to work on the brief. As a SAUSA, I was employed by the USAO for a one-year term which ended on November 22. I continue to volunteer with the office through December 31, but with a reduced caseload. Thus, I am not available to write this brief.
4. There are two other attorneys assigned to misdemeanors. Ian Whitney started with this office on December 5, 2012, and cannot currently write a brief due December 31. Megan Richards is assisting with a trial set for January 8, 2013, USA v. Jawad et al, 1:06-cr-00365-LJO, and for that reason is likewise unavailable to write the brief.
5. Michelle Mazzetti will not be prejudiced by this extension since she is not in custody and her offense was a Class B misdemeanor.
I declare under the penalty of perjury that the foregoing is true and correct. Executed this 17th day of December, 2012, at Fresno, California.
/s/ Andrew L. Gradman ANDREW L. GRADMAN
Good cause appearing, it is hereby ordered as follows:
That the reply brief and supplemental excerpts of record in the appeal in case 1:12-cr-00288 AWI, U.S. v. MICHELLE ...