Opinion
Case No. CR. S-11-00468 TLN
04-19-2013
UNITED STATES OF AMERICA, Plaintiff, v. JANIS SANTANA PIRT, et al. Defendants.
SCOTT L. TEDMON Attorney for Defendant Stephen Douglas Pirt JOSEPH J. WISEMAN Attorney for Defendant Janis Santana 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.
1477 Drew Avenue, Suite 106
Davis, California 95618
Telephone: 530.759.0700
Facsimile: 530.759.0800
Attorney for Defendant
JANIS SANTANA PIRT
STIPULATION AND ORDER TO
CONTINUE STATUS CONFERENCE
Date: July 18, 2013
Ctrm: Hon. Troy L. Nunley
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 previously set for April 29, 2013, and vacated pursuant to the order of reassignment, be reset for July 18, 2013, at 9:30 a.m.
Defense counsel requires additional time to continue to review the discovery of the related Northern District case. Further, Mr. Tedmon and Mr. Anderson are scheduled to be in trial for most of May and June. 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, July 18, 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, April 19, 2013, to and including July 18, 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 a status conference shall be set for July 18, 2013, at 9:30 a.m.
IT IS SO ORDERED.
____________________
Troy L. Nunley
United States District Judge