The opinion of the court was delivered by: Honorable Edward J. Davila United States District Judge
STIPULATION AND [PROPOSED] XXXXXXXX ORDER TO WITHDRAW DEFENDANT'S MOTION TO SUPPRESS EVIDENCE DATE: April 8, 2013 TIME: 2:00 p.m. COURT.: Hon. Edward J. Davila Courtroom 4, 5th Floor San Jose Federal Courthouse 280 South First Street San Jose, CA 95113
TRIAL DATE: April 22, 2013
WHEREAS, Defendant Brian Dunning filed a Motion to Suppress Evidence (the "Motion") on January 30, 2013 (Dkt. No. 40);
The United States, by and through its counsel, AUSA David R. Callaway, and Defendant Brian Dunning, by and through his counsel, Stephen R. Cook, hereby STIPULATE that
1) the Motion shall be withdrawn from the docket; and
2) the April 8, 2013 hearing date on the Motion shall be vacated; and
3) the stipulated withdrawal of the Motion is without prejudice to Defendant's ability to file the Motion at any time in the future.
DATED: April 1, 2013 MELINDA HAAG United States Attorney
By: /s/ David R.
DAVID R. CALLAWAY
Assistant United States Attorney
DATED: April 1, 2013 RUS, MILIBAND & SMITH A Professional Corporation By: /s/ Stephen R. Cook STEPHEN R. COOK Attorneys for Defendant BRIAN DUNNING - 252 12 S & A Professional Corporation 2211 Michelson Drive Irvine, California 92612 7100 * Fax (949) MITH 13 14 ILIBAND 15 - M Seventh Floor, 16 R 752 US Tel (949)
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Pretrial Conference is scheduled for April 8, ...