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In re Garcia

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 30, 2011
CASE NO. CR-09-90136 MISC (N.D. Cal. Nov. 30, 2011)

Opinion

CASE NO. CR-09-90136 MISC

11-30-2011

IN THE MATTER OF THE EXTRADITION OF: JUAN PAULO D. GARCIA AND IAN CARL GARCIA

CAMPBELL & JAYNE JULIA JAYNE ATTORNEYS FOR DEFENDANT JUAN PAOLO DEPAKAKIBO GARCIA TAMOR & TAMOR RICHARD TAMOR ATTORNEYS FOR DEFENDANT IAN CARL DEPAKAKIBO GARCIA MELINDA HAAG UNITED STATES ATTORNEY PHILIP KEARNEY ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR THE UNITED STATES SPECIALLY APPEARING FOR THE REPUBLIC OF THE PHILIPPINES.


RICHARD A. TAMOR, ESQ.

TAMOR & TAMOR

The Sierra Bulding

Attorneys for Defendant,

IAN CARL GARCIA

JULIA MEZHINSKY JAYNE (State Bar No. 202753)

CAMPBELL & JAYNE LLP

Attorneys for Defendant

JUAN PAOLO GARCIA

STIPULATION AND [PROPOSED]

ORDER CONTINUING STATUS

CONFERENCE FROM DECEMBER

2011 TO JUNE 5, 2012

The parties in the above-captioned case, through their counsel of record, hereby make the stipulated request to reschedule the date of the Status Conference currently scheduled for December 5, 2011, at 9:30 a.m.

The defendants both reside out of the State of California. It is undersigned counsel's belief that a resolution of the Plunder prosecution in the Philippines giving rise to this extradition matter will be resolved in the next 6-12 months. General Garcia has already executed the Settlement Agreement in the Republic of the Philippines. However, due to the change in administration in the Republic of the Philippines, the process of finalizing General Garcia's plea has been delayed. The acceptance of the plea has been challenged by the administration; however, the Ombudsman did not file a motion to reject the plea, which is a positive sign.

Once these final steps are concluded in the Philippines, the defense and the Government expect that the Republic of the Philippines will drop its extradition demand against the defendants. Accordingly, the parties request a lengthy continuance of the pending matter, since it is expected that nothing can occur before this Court until General Garcia's matter is fully concluded. The parties hope that by June of next year, the matter will be resolved and the extradition matter before this Court dismissed.

Therefore, the parties have mutually agreed that the Status Conference in the matter before this Court should be rescheduled June 5, 2012 at 9:30 a.m., and that the Defendants' appearances be waived.

IT IS SO STIPULATED.

CAMPBELL & JAYNE

JULIA JAYNE

ATTORNEYS FOR DEFENDANT JUAN

PAOLO DEPAKAKIBO GARCIA

TAMOR & TAMOR

RICHARD TAMOR

ATTORNEYS FOR DEFENDANT IAN CARL

DEPAKAKIBO GARCIA

MELINDA HAAG

UNITED STATES ATTORNEY

PHILIP KEARNEY

ASSISTANT UNITED STATES ATTORNEY

ATTORNEYS FOR THE UNITED STATES

SPECIALLY APPEARING FOR THE

REPUBLIC OF THE PHILIPPINES.

ORDER

GOOD CAUSE appearing, it is hereby ordered that the Status Conference currently scheduled for December 5, 2011 will be rescheduled to June 5, 2012 at 9:30 a.m.

HON. ELIZABETH LAPORTE

U.S. MAGISTRATE JUDGE

Northern District of California


Summaries of

In re Garcia

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 30, 2011
CASE NO. CR-09-90136 MISC (N.D. Cal. Nov. 30, 2011)
Case details for

In re Garcia

Case Details

Full title:IN THE MATTER OF THE EXTRADITION OF: JUAN PAULO D. GARCIA AND IAN CARL…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 30, 2011

Citations

CASE NO. CR-09-90136 MISC (N.D. Cal. Nov. 30, 2011)