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United States of America v. French Gulch Nevada Mining Corporation

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


January 9, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
FRENCH GULCH NEVADA MINING CORPORATION, ET AL.,
DEFENDANTS.

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

STIPULATION AND ORDER CONTINUING HEARING ON DEFENDANT KIEDOCK KIM'S MOTION TO DISMISS CERTAIN COUNTS OF THE INDICTMENT, AMENDING THE BRIEFING SCHEDULE, AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

It is hereby stipulated by and between plaintiff United States of America, on the one hand, and defendant Kiedock Kim, on the other hand, through their respective undersigned counsel that: (1) the presently set January 25, 2013, hearing on Kim's motion to dismiss certain counts of the Indictment shall be continued to April 5, 2013, at 9:00 a.m.; (2) the United States' response to Kim's motion shall be filed by March 15, 2013; and (3) Kim's reply, if any, shall be filed by March 27, 2013. This continuance is requested to provide the parties time to attempt to negotiate a pretrial resolution of the case and, in the event the case is not resolved, provide the United States additional time to respond to Kim's dismissal motion. The parties have made offers and counteroffers to resolve the case and, while the parties are moving closer to resolution of the case, additional time is need to more fully explore a settlement resolution as there are sentencing guidelines issues that remain unresolved. The parties further stipulate and agree that computation of time within which the trial of this matter must be commenced shall continue to be excluded under 18 U.S.C. § 3161(h)(1)(D) and Local Code E due to Kim's pending motion to dismiss.

DATED: January 4, 2013 /s/ Malcolm S. Segal ______________________________ MALCOLM S. SEGAL Attorney for Defendant Kiedock Kim Dated: January 4, 2013 BENJAMIN B. WAGNER UNITED STATES ATTORNEY /s/ Samuel Wong By: _______________________ SAMUEL WONG Assistant U.S. Attorney

ORDER

The Court having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. It is ordered that: (1) the presently set January 25, 2013, hearing on Kim's motion to dismiss certain counts of the Indictment shall be continued to April 5, 2013, at 9:00 a.m.; (2) the United States' response to Kim's motion shall be filed by March 15, 2013; and (3) Kim's reply, if any, shall be filed by March 27, 2013, 2013.

It is further ordered that computation of time within which the trial of this matter must be commenced shall continue to be excluded under 18 U.S.C. § 3161(h)(1)(D) and Local Code E due to Kim's pending motion to dismiss through the conclusion of the hearing on, or other prompt disposition of, such motion.

20130109

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