Opinion
No. CR-S-11-210 JAM
10-07-2011
UNITED STATES OF AMERICA, Plaintiff, v. VERA KUZMENKO, et al., Defendants.
PATRICK K. HANLEY Attorney for Defendant Vera Kuzmenko SCOTT L. TEDMON Attorney for Defendant Nadia Kuzmenko, aka Nadia Reyes 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 [PROPOSED ORDER] CONTINUING STATUS CONFERENCE
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, aka Nadia Reyes, Scott L. Tedmon, 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 October 11, 2011 be continued to December 6, 2011, at 9:30 a.m., thus vacating the presently set status conference.
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, October 6, 2011, to and including December 6, 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
SCOTT L. TEDMON
Attorney for Defendant
Nadia Kuzmenko,
aka Nadia Reyes
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
by: 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
[PROPOSED] ORDER TO CONTINUE STATUS CONFERNCE
GOOD CAUSE APPEARING, it is hereby ordered that based on the stipulation of the parties, the Court finds that this case is unusual and complex and that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, October 6, 2011, to and including December 6, 2011, shall be excluded from computation of time within which the trial of this case must be commenced in the Speedy Trial Act, 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 further ordered that the October 11, 2011, status conference shall be continued until December 6, 2011.
IT IS SO ORDERED.
John A. Mendez
United States District Court Judge