MARK ROSENBUSH, CSB 72436 San Francisco, California, Attorney for Defendant LIVIA LILL.
KYLE WALDINGER Assistant United States Attorney.
STIPULATED EX PARTE MOTION TO CONTINUE STATUS CONFERENCE [N.D. Cal. Crim. Local Rule 47-3]
THELTON HENDERSON, District Judge.
Based on the declaration of defense counsel Mark Rosenbush filed herewith and the stipulation of the United States Attorney, by counsel for the government Kyle Waldinger, defendant LIVIA LILL hereby moves the Court, on an ex parte basis pursuant to Criminal Local Rule 47-3, to continue the date for the status conference in Ms. Lill's matter from January 27, 2014, to March 10, 2014, at 2:30 p.m. This continuance is necessitated by the unavailability of defense counsel.
Defendant Lill and the government further stipulate that the Court exclude time under the Speedy Trial Act to March 10, 2014, pursuant to 18 U.S.C. sections 3161(h)(7)(A) and 3161(h)(7)(B)(iv) in order to allow defendant Lill to maintain continuity of defense counsel, and that defendant Lill's interest in maintaining her current counsel outweigh the interests of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
DECLARATION OF COUNSEL
I, Mark Rosenbush, state the following:
1. I have been appointed by the Court to represent defendant Livia Lill in this matter. Ms. Lill is out of custody on pre-trial release.
2. Ms. Lill's case is currently set for a status hearing on January 27, 2014, at 2:30 p.m.
3. For the past four weeks I have been unavailable to work on Ms. Lill's matter due to my wife's emergency medical condition and subsequent passing. I have not yet returned to work and do not expect to do so prior to January 27, 2014, the date of Ms. Lill's next hearing.
4. Tim Finnegan of my office has informed AUSA Kyle Waldinger of this motion and Mr. Waldinger indicated the government agrees to the proposed continuance and the exclusion of time to March 10, 2014. Mr. Waldinger further informed Mr. Finnegan that I could represent in this motion that the government so stipulates.
6. Though this motion has been filed on an ex parte basis, Mr. Finnegan has delivered a copy of this motion via email to Mr. Waldinger for his review.
I declare, under penalty of perjury under the laws of the United States, that the foregoing is true and correct. Executed this 22nd day of ...