Opinion
Case No. CR S 11 -00468 WBS
03-12-2013
UNITED STATES OF AMERICA, Plaintiff, v. JANIS SANTANA PIRT, et al. Defendants.
JOSEPH J. WISEMAN, ESQ., CSBN 107403 WISEMAN LAW GROUP, P.C. Attorney for Defendant JANIS SANTANA PIRT SCOTT L. TEDMON Attorney for Defendant Stephen Douglas Pirt JOHN R. MANNING Attorney for Defendant Erik Hermann Green Benjamin B. Wagner United States Attorney MICHAEL D. ANDERSON Assistant U.S. Attorney
JOSEPH J. WISEMAN, ESQ., CSBN 107403
WISEMAN LAW GROUP, P.C.
Attorney for Defendant
JANIS SANTANA PIRT
STIPULATION AND PROPOSED ORDER
TO CONTINUE STATUS CONFERENCE
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Michael D. Anderson, Assistant United States Attorney, together with counsel for defendant Stephen Douglas Pirt, Scott L. Tedmon, Esq., counsel for defendant Janis Santana Pirt, Joseph J. Wiseman, Esq., and counsel for defendant Erik Hermann Green, John R. Manning, Esq., that the status conference presently set for March 18, 2013, be continued to April 29, 2013, at 9:30 a.m., thus vacating the presently set status conference.
Defense counsel requires additional time to review the discovery located in Oakland, CA Further, the parties need time to continue to negotiate possible plea agreements. Therefore, counsel for the parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the defendants and the public in a speedy trial. 18 U.S.C. 3161(h)(7)(A) (continuity of counsel/ reasonable time for effective preparation) and Local Code T4, and agree to exclude time from the date of the filing of the order until the date of the status conference, April 29, 2013.
IT IS SO STIPULATED.
By: _______________
SCOTT L. TEDMON
Attorney for Defendant
Stephen Douglas Pirt
By: _______________
JOSEPH J. WISEMAN
Attorney for Defendant
Janis Santana Pirt
By: _______________
JOHN R. MANNING
Attorney for Defendant
Erik Hermann Green
Benjamin B. Wagner
United States Attorney
By: _______________
MICHAEL D. ANDERSON
Assistant U.S. Attorney
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, March 12, 2013, to and including April 29, 2013, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(ii) and (iv), and Local Codes T4 (reasonable time for defense counsel to prepare). It is further ordered that the March 18, 2013 status conference shall be continued until April 29, 2013, at 9:30 a.m.
IT IS SO ORDERED.
_______________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE