United States District Court, N.D. California
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 ...