Opinion
CR 12-0076 WBS
07-20-2012
UNITED STATES OF AMERICA, Plaintiff, v. SEAN FARRELL and ETHAN STUART, Defendants.
J. TONY SERRA SHARI L. WHITE Attorneys for ETHAN STUART RANDOLPH E. DAAR Attorney for SEAN FARRELL JASON HITT Assistant U.S. Attorney
J. TONY SERRA #32639
SHARI L. WHITE #180438
Attorneys for Defendant
ETHAN STUART
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE
AND EXCLUDING TIME
Date: July 23, 2012
Time: 9:30 a.m.
Defendants SEAN FARRELL and ETHAN STUART, by and through their attorneys, and plaintiff United States of America, by and through its attorney, hereby stipulate and agree that the status conference of July 23, 2012, should be continued to September 10, 2012, at 9:30 a.m.
The parties believe a continuance of the status conference will conserve judicial resources by eliminating an unnecessary status conference because the defense counsel are continuing ongoing investigation of the case and reviewing discovery produced by the United States. This extension will give all the parties additional time to evaluate whether the defense will file any relevant motions, seek a proposed resolution of the case by guilty pleas, or proceed to a trial at a future date. For these reasons, the parties respectfully request that the Court vacate the July 23, 2012 status conference date and set a new status conference date of September 10, 2012, at 9:30 a.m. If the Court grants this request, the parties believe it will promote judicial economy while the parties get closer to either setting motions to be filed, reaching resolution of the case, or setting a trial date.
The parties further stipulate and agree that the defendants and defense counsel will benefit greatly from the additional time between July and September in order for the defense to effectively evaluate the posture of the case and prepare for trial in this case and, in addition, in the interests of justice under 18 U.S.C. § 3161(H)(8)(b)(iv) and Local Code T4. Accordingly, the parties stipulate and agree that time should be excluded under the Speedy Trial Act pursuant to 18 U.S.C. §3161(h)(8)(B)(iv) and Local Code T4.
_________________
J. TONY SERRA
SHARI L. WHITE
Attorneys for ETHAN STUART
_________________
RANDOLPH E. DAAR
Attorney for SEAN FARRELL
JASON HITT
Assistant U.S. Attorney
ORDER
Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED that:
1. The status conference in this matter set for July 23, 2012, at 9:30 a.m. is VACATED;
2. A new status conference is set for September 10, 2012, at 9:30 a.m.; and
3. Based upon the representations and stipulation of the parties, the Court finds that the time exclusion under 18 U.S.C. § 3161(h)(8)(B)(iv) applies and the ends of justice outweigh the best interest of the public and the defendants in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded from July 23, 2012, up to and including September 10, 2012.
IT IS SO ORDERED.
_________________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE