Opinion
2:19-cr-00010-RSM
01-20-2023
UNITED STATES OF AMERICA, Plaintiff, v. HUAWEI DEVICE CO., LTD., and HUAWEI DEVICE USA, INC., Defendants.
Goldfarb & Huck Roth Riojas, PLLC Robert Westinghouse, WSBA No. 6484 Steptoe & Johnson James Hibey, admitted Pro Hac Vice Brian Heberlig, admitted Pro Hac Vice Attorneys for Defendants United States Attorney'S Office Todd Greenberg Thomas M. Woods Attorneys for Plaintiff
Goldfarb & Huck Roth Riojas, PLLC
Robert Westinghouse, WSBA No. 6484
Steptoe & Johnson
James Hibey, admitted Pro Hac Vice
Brian Heberlig, admitted Pro Hac Vice
Attorneys for Defendants
United States Attorney'S Office
Todd Greenberg
Thomas M. Woods
Attorneys for Plaintiff
ORDER GRANTING STIPULATED MOTION FOR TRIAL CONTINUANCE
RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE
The Court has considered the entirety of the record in this case, including the parties' Stipulated Motion for Trial Continuance.
THE COURT FINDS, for all the reasons set forth by the parties, that the failure to grant a continuance would deny the parties reasonable time necessary to complete all pre-trial litigation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).
THE COURT FURTHER FINDS, considering the volume of discovery, the complexity of this case due to the nature of the prosecution and the charges contained in the Indictment, and the recent events that are cited in the parties' motion, that it would be unreasonable to expect the parties to complete all pre-trial litigation without a continuance of the trial and pretrial motions dates. See id. § 3161(h)(7)(B)(ii).
THE COURT FURTHER FINDS, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B), that the ends of justice served by continuing the trial in this case outweigh the interest of the public and of the Defendants in a more speedy trial.
IT IS THEREFORE ORDERED that the trial in this case shall be continued until October 28, 2024, and that the period of time from the date of this Order, up to and including the new trial date, shall be excludable time under 18 U.S.C. § 3161(h)(7)(A).