Opinion
STIPULATION TO VACATE BRIEFING SCHEDULE, CONTINUE STATUS HEARING AND EXCLUDE TIME
RONALD M. WHYTE, District Judge.
Defendant Tri Minh Dao and the government hereby stipulate and agree that the status hearing currently scheduled for Monday, June 9, 2014, may be continued to Monday, August 11, 2014, at 9:00 a.m., and that the briefing schedule for pretrial motions be vacated. The reasons for the requested continuance are as follows: (1) discovery relevant to an anticipated motion to suppress evidence is still to be produced, an issue that should be resolved before the motion is filed; (2) the parties are continuing their settlement discussions in an effort to reach a disposition that might obviate the need for pretrial litigation, (3) counsel for both parties are set for trial in early July in an unrelated matter, and government counsel has another unrelated trial in the interim.
Accordingly, the parties stipulate that the time through and including August 11, 2014, may be excluded from the time within which trial shall commence as the reasonable time necessary for the effective preparation and continuity of counsel and for the ongoing discussions of a possible disposition, pursuant to Title 18, United States Code Section 3161(h)(7)(A) and (h)(7)(B)(iv).
[] ORDER TO VACATE BRIEFING SCHEDULE, CONTINUE HEARING AND EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT
Good cause appearing and by stipulation of the parties, it is hereby ordered that the status hearing currently scheduled for Monday, June 9, 2014, shall be continued to Monday, August 11, 2014, at 9:00 a.m.
STEVEN G. KALAR, Federal Public Defender, CYNTHIA C. LIE, Assistant Federal Public Defender, CASEY O'NEILL, Special Assistant United States Attorney, CYNTHIA C. LIE, Assistant Federal Public Defender, San Jose, CA, Counsel for Defendant DAO,
It is further ordered that the briefing schedule for the defendant's motion to suppress evidence under the Fourth Amendment shall be vacated, pending the August 11, 2014, hearing date.
It is further ordered that the time through and including August 11, 2014, shall be excluded from the computation of time within which trial shall commence under the Speedy Trial Act, as the reasonable time necessary for effective preparation and continuity of counsel, pursuant to Title 18, United States Code Section 3161(h)(7)(A) and (h)(7)(B)(iv).
It is so ordered.