October 31, 2013
UNITED STATES OF AMERICA, Plaintiff,
STEVEN ORTEGA, et al., Defendants.
JAMES R. GREINER, ESQ., CALIFORNIA STATE BAR NUMBER 123357 LAW OFFICES OF JAMES R. GREINER, FOLSOM, CALIFORNIA, ATTORNEY FOR DEFENDANT JASON SIEGFRIED
BENJAMIN B. WAGNER UNITED STATES ATTORNEY
Michael D. Anderson, ASSISTANT UNITED STATES ATTORNEY, ATTORNEY FOR THE PLAINTIFF
Benjamin D. Galloway, Attorney for Defendant 1- Steven Ortega, Sr.
Randy Sue Pollock, Attorney for Defendant 2- Steven Ortega, Jr.
Shari Rusk, Attorney for Defendant 3- Marla Ortega
Dina L. Santos, Attorney for Defendant 4- Matt Ortega
Tim Pori, Attorney for Defendant 5- Marcus Williams
Hayes H. Gable, III, Attorney for Defendant 6- Anthony Giarrusso
Thomas Johnson, Attorney for Defendant 7- Jay Dupee
William E. Bonham, Attorney for Defendant 8- Brock Enrico
Michael B. Bigelow, Attorney for Defendant 9- Todd Becerra
William J. Portanova, Attorney for Defendant 10- Steven Adgate
Danny D. Brace, Jr., Attorney for Defendant 11- Bryan Swiers
Clemente M. Jimenez, Attorney for Defendant 12- Kyle Schmidt
Candace A. Fry, Attorney for Defendant 13- Dusty Burge
Gregory W. Fox, Attorney for Defendant 14- Charles Erickson
Olaf W. Hedberg, Attorney for Defendant 15- Travis Olibas
David D. Fischer, Attorney for Defendant 16- Jake Westerman
Scott N. Cameron, Attorney for Defendant 17-Justin McMillian
Christopher R. Cosca, Attorney for Defendant 18- Shawn Thompson
Carl E. Larson, Attorney for Defendant 19- Frederick Laurens
Darryl A. Stallworth, Attorney for Defendant 21- Richard Serrell
Robert J. Saria, Attorney for Defendant 22- Kevin Kuester
Russell S. Humphrey, Attorney for Defendant 23-Derek Winters
Clyde M. Blackmon, Attorney for Defendant 24- Richard Reynolds
Michael Jason Lawley, Attorney for Defendant 25- Nickolas Perry
Scott A. Sugarman, Attorney for Defendant 26- Joseph Mirante
James A. Bustamante, Attorney for Defendant 27- Kevin Kirkpatrick
Philip A. Schnayerson, Attorney for Defendant 28- Reginald Bell
Michael E. Hansen, Attorney for Defendant 29-Michael Kelly
Michael J. Aye, Attorney for Defendant 30- Joseph Figlia
James J. Clark, Attorney for Defendant 31- Robert Kennedy
Omar Figueroa, Attorney for Defendant 32- Nicholas Ojeda
James R. Greiner, Attorney for Defendant 20- Jason Siegfried
STIPULATION BETWEEN THE PARTIES TO CONTINUE THE STATUS CONFERENCE TO THURSDAY, JANUARY 30, 2013 WITH EXCLUSION OF TIME FROM THE SPEEDY TRIAL ACT AND ORDER
MORRISON E. ENGLAND, Jr., District Judge.
The parties to this litigation, the United States of America, represented by Assistant United States Attorney, Michael D. Anderson, and for the defendants:
1- Benjamin D. Galloway representing Steven Ortega, Sr.; 2- Randy Sue Pollock representing Steven Ortega, Jr.; 3- Shari Rusk representing Marla Ortega; 4- Dina L. Santos representing Matt Ortega; 5- Tim Pori representing Marcus Williams; 6- Hayes H. Gable, III, representing Anthony Giarrusso; 7- Thomas Johnson representing Jay Dupee; 8- William E. Bonham representing Brock Enrico; 9- Michael B. Bigelow representing Todd Becerra; 10- Robert M. Holley representing Steven Adgate; 11- Danny D. Brace, Jr. representing Bryan Swiers; 12- Clemente M. Jimenez representing Kyle Schmidt; 13- Candace A. Fry representing Dusty Burge; 14- Gregory W. Fox representing Charles Erickson; 15- Olaf W. Hedberg representing Travis Olibas; 16- David D. Fischer representing Jake Westerman; 17- Scott N.Cameron representing Justin McMillian; 18- Christopher R. Cosca representing Shawn Thompson; 19- Carl E. Larson representing Frederick Laurens; 21- Darryl A. Stallworth representing Richard Serrell; 22- Robert J. Saria representing Kevin Kuester; 23- Russell S. Humphrey representing Derek Winters; 24- Clyde M. Blackmon representing Richard Reynolds; 25- Michael Jason Lawley representing Nickolas Perry; 26- Scott A. Sugarman representing Joseph Mirante; 27- James A. Bustamante representing Kevin Kirkpatrick; 28- Philip A. Schnayerson representing Reginald Bell; 29- Michael E. Hansen representing Michael Kelly; 30-Michael J. Aye representing Joseph Figlia 31- James J. Clark representing Robert Kennedy; 32- Omar Figueroa representing Nicholas Ojeda and 20- James R. Greiner representing Jason Siegfried, hereby agree and stipulate to the following:
1- By previous order, this matter was set for status on Thursday, October 31, 2013, see docket number 393.
2. By this Stipulation, the defendants collectively now move to continue the status conference until Thursday, January 30, 2013 and to exclude time pursuant to the Speedy Trial Act between Thursday, October 31, 2013 and Thursday, January 30, 2013, under Local Codes T-2 (complexity) and T-4 (time for adequate attorney preparation). The government has produced more discovery in this case and does not oppose this request. In addition, attorney Michael Jason Lawley was recently appointed on June 12, 2013 to represent defendant Nickolas Perry (see Docket # 385) and attorney Tim Pori was recently appointed on February 7, 2013 (see Docket # 365) to represent defendant Marcus Williams and attorney Benjamin D. Galloway was recently appointed on December 27, 2012 (see docket #351) to represent Steven Ortega, Sr., and all three attorneys need additional time to review the voluminous amount of discovery in this case.
3. The parties agree and stipulate to the following and request the Court to find the following:
a. The government has produced discovery to date which consists of 5 (five) discovery CD's labeled Discovery Disk 1, 2, 3, 4 and 5 and 6 (six) wire tape CD's labeled TT1, TT2, TT3, TT4, TT5 and TT6. The government has also made available for copying onto an external hard drive the pole camera evidence which defense counsel has obtained for reviewing with their respective clients. The government requested defense counsel to supply an external hard drive with 3 TB of capacity to accommodate the enormous volume of video taped recordings.
b. The government by way of letter dated November 30, 2012, addressed to all defense counsel, produced the following additional discovery contained on 4 (four) CD's: BATES numbers DD-007532 to DD-007570; Bates number DD-7571 (reproduction of wiretap - TT#1); Bates number DD-007572 (reproduction of wiretap- TT#2); Bates number DD-007573 (reproduction of wiretaps - TT#3, tt#4, TT#5, and TT#6).
c. Counsel for all defendants need additional time, in addition to the three recently appointed attorneys (Lawley, June 12, 2013, Pori, February 7, 2013 and Galloway, December 27, 2012), need additional time to review all of the discovery which includes the additional discovery, review the all the discovery with their respective clients, to conduct investigation into this case, do research, which includes legal research, in this case, and to otherwise do review and investigation, using due diligence, that this complex case requires.
d. Counsel for all defendants represents that the failure to grant the above requested continuance would deny counsel for each individual defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
e. The government, based on all of the above, does not object to the continuance.
f. Based on the above stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and all the defendants in a trial within the original date prescribed by the Speedy Trial Act.
g. For the purpose of computing the time under the Speedy Trial Act, Title 18 U.S.C. section 3161, et seq., within which trial must commence, the time period from Thursday, October 31, 2013 to Thursday, January 30, 2013, inclusive, is deemed excludable pursuant to Title 18 U.S.C. section 3161(h)(7)(A, (B)(ii) and (iv) corresponding to Local Codes T-2 and T-4, because it results from a continuance granted by the Court at defendants' request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and all of the defendants in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
IT IS SO STIPULATED.
IT IS SO ORDERED.