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United States v. Lodhi

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 9, 2011
No. CR 11-00309-LHK (N.D. Cal. Nov. 9, 2011)

Opinion

No. CR 11-00309-LHK

11-09-2011

UNITED STATES OF AMERICA, Plaintiff, v. FAUZIA LODHI, Defendant.

BARRY J. PORTMAN Federal Public Defender VARELL L. FULLER Assistant Federal Public Defender Counsel for Defendant LODHI


BARRY J. PORTMAN

Federal Public Defender

VARELL L. FULLER

Assistant Federal Public Defender

Counsel for Defendant LODHI

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

STIPULATION

Defendant Fauzia Lodhi, by and through Assistant Federal Public Defender Varell L. Fuller, and the United States, by and through Assistant United States Attorneys Matthew A. Parella and Daniel Kaleba, hereby stipulate that, with the Court's approval, the status hearing currently set for Wednesday, November 16, 2011, at 10:00 a.m., shall be continued to Wednesday, January 18, 2012, at 10:00 a.m.

The reason for the requested continuance is defense counsel requires additional time to review and organize the 8,918 pages of printed discovery received to date. The discovery provided to date includes, but is not limited to, hours of video depositions of Ms. Lodhi, voluminous financial and State Farm Insurance claim records, numerous witness interviews, and forensic arson investigation reports that pertain to counts thirteen and fourteen of the indictment. Based on the volume of discovery provided, defense counsel's on-going review of those materials, the complexity of the issues with respect to the charged offenses, and defense counsel's on-going investigation, the defense request additional time to effectively prepare. The defense therefore respectfully requests a continuance of the status hearing date set in this matter to January 18, 2012.

The parties agree that the time between November 16, 2011, and January 18, 2012, may be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for effective preparation by both counsel.

VARELL L. FULLER

Assistant Federal Public Defender

MATTHEW A. PARELLA

Assistant United States Attorney

DANIEL KALEBA

Assistant United States Attorney

[PROPOSED] ORDER

GOOD CAUSE APPEARING, upon stipulation of the parties, IT IS HEREBY ORDERED that the hearing currently set for Wednesday, November 16, 2011, shall be continued to Wednesday, January 18, 2012, at 10:00 a.m.

THE COURT FINDS that failing to exclude the time between November 16, 2011, and January 18, 2012, would unreasonably deny counsel for the defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. §§ 3161(h)(7)(B)(iv).

THE COURT FINDS that the ends of justice served by excluding the time between November 16, 2011, and January 18, 2012, from computation under the Speedy Trial Act outweigh the interests of the public and the defendant in a speedy trial.

THEREFORE, IT IS HEREBY ORDERED that the time between November 16, 2011, and January 18, 2012, shall be excluded from computation under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

IT IS SO ORDERED.

THE HONORABLE LUCY H. KOH

United States District Judge


Summaries of

United States v. Lodhi

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 9, 2011
No. CR 11-00309-LHK (N.D. Cal. Nov. 9, 2011)
Case details for

United States v. Lodhi

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. FAUZIA LODHI, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Nov 9, 2011

Citations

No. CR 11-00309-LHK (N.D. Cal. Nov. 9, 2011)