United States District Court, N.D. California, San Francisco Division
MELINDA HAAG, United States Attorney, J. DOUGLAS WILSON, Chief, Criminal Division, RODNEY C. VILLAZOR, JOHN H. HEMANN, Assistant United States Attorneys, San Francisco, California, Attorneys for United States of America.
MICHAEL RAINS, Esq. Attorney for Defendant Arshad Razzak.
PETER FURST, Esq. Attorney for Defendant Richard Yick.
MATTHEW PAVONE, Esq., Attorney for Defendant Raul Eric Elias.
STIPULATION AND [PROPOSED] ORDER TO SET MOTION BRIEFING SCHEDULE AND WAIVING TIME UNDER SPEEDY TRIAL ACT TO APRIL 8, 2014 AT 2:30 P.M.
RICHARD SEEBORG, District Judge.
The parties are scheduled to appear before the Court in the above-captioned matter on April 8, 2014 for status and motion hearing on the Indictment. The parties request that this Court set the briefing schedule as follows:
March 20, 2014 - motions due
March 27, 2014 - opposition due
April 1, 2014 - reply due
Defense counsel reserve their right to request from the Court a modification of this briefing schedule, including a postponement of the motion hearing if, after they have received discovery from the United States, they determine that they need additional time to adequately prepare the motions subject to this Order.
In addition, as set forth on the record on March 4, 2014, the parties request that the Court exclude time under the Speedy Trial Act between March 4, 2014 and April 8, 2014. The parties stipulate that the time is excludable from the time limitations of the Speedy Trial Act because the interests of justice are served by granting a continuance, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). Such continuance is required because government counsel will be producing discovery, and defense counsel needs the time to review the discovery and prepare their motions. This continuance will allow the reasonable time necessary for effective preparation and continuity of counsel taking into account the exercise of due diligence. As such, the parties respectfully request that the time between March 4, 2014 and April 8, 2014 be excluded under U.S.C. § 3161(h)(7)(A) and (B)(iv).
Based on the reason provided in the stipulation of the parties above, the Court hereby ORDERS, the ...