United States v. Catledge

          DAVID Z. CHESNOFF, ESQ. Nevada Bar No. 2292 Admitted Pro Hac Vice, RICHARD A. SCHONFELD, ESQ. California Bar No. #202182, ROBERT Z. DEMARCO, ESQ. Nevada Bar No. 12359 Admitted Pro Hac Vice CHESNOFF & SCHONFELD Attorneys for Defendant, James Catledge

          STIPULATION TO CONTINUE TRIAL AND AUGUST 10. 2016 STATUS/SCHEDULING CONFERENCE AND [PROPOSED] ORDER (SECOND REQUEST TO CONTINUE TRIAL - THIRD REQUEST TO CONTINUE STATUS/SCHEDULING CONFERENCE)

          HONORABLE MAXINE CHESNEY SENIOR DISTRICT COURT JUDGE

         IT IS HEREBY STIPULATED and AGREED by and between Robert Rees, Esq., and Andrew Huang, Esq., Assistant United States Attorneys, and David Z. Chesnoff, Esq., Richard A. Schonfeld, Esq., and Robert Z. DeMarco, Esq., of the law firm of Chesnoff & Schonfeld, attorneys for Defendant James Catledge, that the Status/Scheduling Conference currently scheduled for August 10, 2016 at 2:15 p.m. in this matter be vacated and reset to a time and date convenient to this Honorable Court, not prior to January 16, 2017.

         IT IS FURTHER STIPULATED AND AGREED that the Pretrial Conference scheduled for October 11, 2016 at 10:00 a.m. in this matter be vacated and reset to a time and date convenient to this Honorable Court, not prior to August 21, 2017.

         IT IS FURTHER STIPULATED AND AGREED that the trial in this matter currently scheduled for October 24, 2016 at the hour of 9:00 a.m., be vacated and reset to not prior to September 18, 2017.

         This Stipulation is entered into for the following reasons:

1. There has been a delay in the parties taking the foreign deposition of Thomas Uehli, which the government has previously agreed on the record is a material witness in this case. The defense is awaiting an update from the government regarding said deposition which will impact the scheduling in this case;

2. The government is in the process of providing significant additional discovery to the defense;

3. Additionally, denial of this request for a continuance would result in a miscarriage of justice;

4. For the above-stated reasons, the ends of justice would best be served by a continuance of said hearings and trial;

5. The additional time requested in this Stipulation is excludable in computing the time within which the trial must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Sections 3161 (h)(1)(D) and 3161 (h)(7)(A) when considering the factors under Title 18, United States Code, Sections 3161(h)(7)(B)(I) and 3161(h)(7)(B)(iv);

6. This is the second request for continuance of the trial by the parties. This is the third request to continue the Status/Scheduling Conference hearing by the parties currently set for August 10, 2016.

         FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER

         Based upon the pending Stipulation of counsel, and good cause appearing ...