Opinion
No. CR-S-11-210 JAM
08-26-2011
UNITED STATES OF AMERICA, Plaintiff, v. VERA KUZMENKO, et al., Defendants.
PATRICK K. HANLEY Attorney for Defendant Vera Kuzmenko WILLIAM J. PORTANOVA Attorney for Defendant Nadia Kuzmenko HAYES H. GABLE, III Attorney for Defendant Aaron New JOHN R. MANNING Attorney for Defendant Edward Shevtsov MICHAEL L. CHASTAINE Attorney for Defendant Peter Kuzmenko MICHAEL D. LONG Attorney for Defendant Sergey Blizenko GARY A, TALESFORE Attorney for Defendant Vanik Atoyan Benjamin B. Wagner United States Attorney R. STEVEN LAPHAM Assistant U.S. Attorney
JOHN R. MANNING (SBN 220874)
ATTORNEY AT LAW
Attorney for Defendant
EDWARD SHEVTSOV
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE
Time: 9:30 a.m.
Judge: Honorable John A. Mendez
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, R. Steven Lapham, Assistant United States Attorney, together with counsel for defendant Vera Kuzmenko, Patrick K. Hanly, Esq., counsel for defendant Nadia Kuzmenko, William J. Portanova, Esq., counsel for defendant Aaron New, Hayes H. Gable, III, Esq., counsel for defendant Edward Shevtsov, John R. Manning, Esq., counsel for defendant Peter Kuzmenko, Michael L. Chastaine, counsel for defendant Sergey Blizenko, Michael D. Long, Esq., and counsel for defendant Vanik Atoyan, Gary A. Talesfore, Esq., that the status conference presently set for August 30, 2011 be continued to October 11, 2011, at 9:30 a.m., thus vacating the presently set status conference. Defendant Nadia Kuzmenko and her attorney, William Portanova, Esq., wish to remain on calendar for a substitution of attorney.
Further, all of the parties, the United States of America and all of the defendants as stated above, hereby agree and stipulate that the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendants in a speedy trial and that time under the Speedy Trial Act should therefore be excluded under Title 18, United States Code Section 3161(h)(7)(A) and (B)(ii) and (iv), corresponding to Local Codes T-2 (unusual or complex case) and T-4 (to allow defense counsel time to prepare) from the date of the parties' stipulation, August 25, 2011, to and including October 11, 2011. This is based on the complexity of the case, including over 29,000 pages of discovery and the fact there are seven co-defendants. The defense requests more time to review the discovery and conduct investigation.
IT IS SO STIPULATED.
PATRICK K. HANLEY
Attorney for Defendant
Vera Kuzmenko
WILLIAM J. PORTANOVA
Attorney for Defendant
Nadia Kuzmenko
HAYES H. GABLE, III
Attorney for Defendant
Aaron New
JOHN R. MANNING
Attorney for Defendant
Edward Shevtsov
MICHAEL L. CHASTAINE
Attorney for Defendant
Peter Kuzmenko
MICHAEL D. LONG
Attorney for Defendant
Sergey Blizenko
GARY A, TALESFORE
Attorney for Defendant
Vanik Atoyan
Benjamin B. Wagner
United States Attorney
R. STEVEN LAPHAM
Assistant U.S. Attorney
JOHN R. MANNING (SBN 220874)
ATTORNEY AT LAW
Attorney for Defendant
EDWARD SHEVTSOV
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Plaintiff,
v.
VERA KUZMENKO, et al., Defendants.
No. CR-S-11-210 JAM
ORDER TO CONTINUE STATUS CONFERNCE
GOOD CAUSE APPEARING, it is hereby ordered that the August 30, 2011 status conference be continued to October 11, 2011 at 9:30 a.m. I find that the ends of justice warrant an exclusion of time and that the defendant's need for continuity of counsel and reasonable time for effective preparation exceeds the public interest in a trial within 70 days. THEREFORE IT IS FURTHER ORDERED that time be excluded pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(ii) and (iv) and Local Codes T2 (unusual and complex case) and T4 (preparation by defense counsel).
IT IS SO ORDERED.
John A. Mendez
United States District Court Judge