Opinion
Malcolm Segal (SBN 075481), James P. Mayo (SBN 169897), SEGAL & KIRBY LLP, Sacramento, CA, Attorneys for Defendant KIRIT PATEL.
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME FOR THE PURPOSES OF THE SPEEDY TRIAL ACT
JOHN A. MENDEZ, District Judge.
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. By previous stipulation and order (Dkt. No. 26), this matter was set for status on March 5, 2013.
2. By this stipulation, the parties now move to continue the status conference to May 7, 2013 at 9:45 a.m., and to exclude time between March 5, 2013, and May 7, 2013, under Local Code T4.
The parties further agree and stipulate, and request that the Court find the following:
a. The government has provided a substantial amount of discovery, and has received additional documents from the Federal Trade Commission which it will also be transmitting to the defense for the purposes of defense preparation pursuant to a protective order entered by the Court on February 27, 2013 (Dkt. No. 28).
b. Based on the volume of discovery, including that which has been promised but is yet to be received by the defendant, Counsel for defendant believes that failure to grant the above-requested continuance would deny him the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
c. The government does not object to the continuance.
d. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
e. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of March 5, 2013, and May 7, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C. §§ 3161(h)(7)(A), B(iv), Local Code T4, because it results from a continuance granted by the Court at defendant's 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 the defendant 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.
ORDER
IT IS HEREBY ORDERED that the Status Conference scheduled for March 5, 2013, is continued to May 7, 2013, 9:45 a.m.
It is further ORDERED that the time under the Speedy Trial Act between March 5, 2013 and May 7, 2013, is excluded under Local Code T4, and 18 U.S.C.§§ 3161(h)(7)(A), B(iv), to ensure adequate time for preparation of counsel. For the reasons set forth above, the court finds that the ends of justice served by a continuance outweigh the best interests of the public and the defendant in a speedy trial and therefore excludes time through May 7, 2013.