Opinion
No. CR-S-11-210 JAM
01-20-2012
UNITED STATES OF AMERICA, Plaintiff, v. VERA KUZMENKO, et al., Defendants.
JOHN R. MANNING (SBN 220874) ATTORNEY AT LAW Attorney for Defendant EDWARD SHEVTSOV
JOHN R. MANNING (SBN 220874)
ATTORNEY AT LAW
Attorney for Defendant
EDWARD SHEVTSOV
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE
Date: March 20, 2012
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, Bruce Locke, 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., counsel for defendant Vanik Atoyan, Gary A. Talesfore, Esq., counsel for defendant Rachel Siders, Eduardo G. Roy, Esq., and counsel for defendant Leah Isom, Candace A. Fry, Esq., that the status conference presently set for January 24, 2012 be continued to March 20, 2012, 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, January 19, 2012, to and including March 20, 2012. This is based on the complexity of the case, including over 35,000 pages of discovery and the fact there are nine co-defendants. The defense requests more time to review the discovery and conduct investigation.
IT IS SO STIPULATED.
___________________________
BRUCE LOCKE
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
___________________________
EDUARDO G. ROY
Attorney for Defendant
Rachel Siders
___________________________
CANDACE A. FRY
Attorney for Defendant
Leah Isom
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
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 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, January 19, 2012, to and including March 20, 2012, 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 January 24, 2012, status conference shall be continued until March 20, 2012.
IT IS SO ORDERED.
___________________________
John A. Mendez
United States District Court Judge