Opinion
CASE NO. 1:11-cr-00113 AWI
01-18-2012
BENJAMIN B. WAGNER United States Attorney LAUREL J. MONTOYA Assistant U.S. Attorney ALONZO J. GRADFORD Attorney for Defendant Andy Yung Kwong Chan SETH P. CHAZIN Attorney for Defendant John Zhong Xian Huang GEORGE SIDDELL Attorney for Defendant Chiu Chuen Lau DORON WEINBERG Attorney for Defendant Tony Chao Fan Luo KIRK MCALLISTER Attorney for Defendant HARRIS B. TABACK Attorney for Defendant Yao Ming Yu
BENJAMIN B. WAGNER
United States Attorney
LAUREL J. MONTOYA
Assistant U.S. Attorney
STIPULATION TO CONTINUE STATUS CONFERENCE AND PROPOSED ORDER
PLACE: Courtroom Two
Honorable
IT IS HEREBY STIPULATED by and between the parties through their respective counsel, that the current status conference set for January 23, 2012, at 9:00 a.m., be continued to March 26, 2012, at 1:30 p.m., before the Honorable , United States District Court Judge.
The parties further stipulate and agree that the time between January 23, 2012, and March 26, 2012 be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. §§ 3161(h)(7)(B)(iv). Specifically, plea offers have been provided and plea negotiations continue to be ongoing. Additionally, counsel for defendant Huang is getting ready to start a four week trial and the preparation has been particularly time consuming. The parties are requesting an afternoon setting because defense counsel are traveling from San Diego, Modesto, and the Bay Area. The parties stipulate and agree that the ends of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §§ 3161(h)(7)(A).
BENJAMIN B. WAGNER
United States Attorney
By ____________
LAUREL J. MONTOYA
Assistant U.S. Attorney
__________________
ALONZO J. GRADFORD
Attorney for Defendant
Andy Yung Kwong Chan
____________
SETH P. CHAZIN
Attorney for Defendant
John Zhong Xian Huang
____________
GEORGE SIDDELL
Attorney for Defendant
Chiu Chuen Lau
____________
DORON WEINBERG
Attorney for Defendant
Tony Chao Fan Luo
____________
KIRK MCALLISTER
Attorney for Defendant
Michael Chau
____________
HARRIS B. TABACK
Attorney for Defendant
Yao Ming Yu
ORDER
IT IS HEREBY ORDERED, that the Status Conference hearing of January 23, 2012, at 9:00 a.m. be continued to March 26, 2012, at 1:30 P.M. Time shall be excluded to and through that date. For the reasons set forth above, the continuance requested is granted for good cause and the Court finds the ends of justice outweigh the interests of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
___________________________________
CHIEF UNITED STATES DISTRICT JUDGE