Opinion
Case No. 2:12-cv-00238-MCE
01-23-2013
UNITED STATES OF AMERICA, Plaintiff, v. NICHOLAS PERRY and ERIC JOHNSTON, Defendant.
KRESTA NORA DALY, SBN 199689 BARTH TOZER & DALY LLP Attorneys for Defendant NICHOLAS PERRY JAN DAVID KAROWSKY Attorney for ERIC JOHNSTON KYLE REARDON Assistant United States Attorney
KRESTA NORA DALY, SBN 199689
BARTH TOZER & DALY LLP
Attorneys for Defendant NICHOLAS PERRY
STIPULATION AND ORDER
It is hereby stipulated and agreed to between the United States of America through Kyle Reardon, Assistant United States Attorney, and defendant, Nicholas Perry, through his counsel, Kresta Nora Daly, and defendant Eric Johnston, through his counsel Jan David Karowsky, that the status conference set for January 24, 2013 be vacated. The parties request a new status hearing be set for March 14, 2013.
All counsel require additional time for on-going negotiations.
The parties stipulate time should be excluded pursuant to Local Code T4 for preparation of counsel. The parties further stipulate this continuance is necessary in furtherance of justice and outweighs the interests of the defendant and the public for a speedy trial.
Respectfully submitted,
BARTH TOZER & DALY LLP
By ___________________
KRESTA NORA DALY
Attorneys for NICHOLAS PERRY
By Kresta Nora Daly for
JAN DAVID KAROWSKY
Attorney for ERIC JOHNSTON
By ___________________
KYLE REARDON
Assistant United States Attorney
ORDER
For the reasons stipulated by the parties the status hearing set for January 24, 2013 is vacated. A status hearing will be set for March 14, 2013. The Court finds excludable time through March 14, 2013 under Title 18, United States Code Section (h)(7)(B)(iv) and Local Code T4 to allow for preparation and continuity of counsel. The Court finds that the interest of justice served by granting the request outweighs the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(A), (h)(7)(B)(iv).
IT IS SO ORDERED.
______________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT