Opinion
No. 2:10-MJ-0218 EFB
09-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. DEAN MOSTAD, Defendant.
Respectfully submitted, DANIEL BRODERICK Federal Defender TIM ZINDEL Assistant Federal Defender BENJAMIN B. WAGNER United States Attorney Tim Zindel for DAVID STEVENS Assistant U.S. Attorney
DANIEL J. BRODERICK, Bar #89424
Federal Defender
TIMOTHY ZINDEL, Bar #158377
Assistant Federal Defender
Attorneys for Defendant
DEAN MOSTAD
STIPULATION AND ORDER TO CONTINUE MOTION HEARING, TOGETHER WITH AMENDING BRIEFING SCHEDULE
Judge: Edmund F. Brennan
THE PARTIES STIPULATE, through counsel, David Stevens, Assistant United States Attorney, and Tim Zindel, attorney for Dean Mostad, that the Court should vacate the hearing on motion to dismiss scheduled for October 3, 2011, at 10:00 a.m., and reset the hearing on defendant's motion to January 9, 2012, at 2:00 p.m.
Counsel agree that: the defendant will file motions on or before November 28, 2011; the government will respond on or before December 19, 2011; and the defendant may reply on or before January 2, 2012.
The reason for this continuance is that counsel for Mr. Mostad is currently on family medical leave for five weeks, returning October 17, 2011. The parties also stipulate that the Court should exclude the period from the date of this order through January 9, 2012, when it computes the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice served by granting Mr. Mostad's request for time to file motions outweighs the best interest of the public and Mr. Mostad in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) (Local Code T4), and § 3161(h)(1)(D) (Local Code E).
Respectfully submitted,
DANIEL BRODERICK
Federal Defender
TIM ZINDEL
Assistant Federal Defender
BENJAMIN B. WAGNER
United States Attorney
Tim Zindel for
DAVID STEVENS
Assistant U.S. Attorney
ORDER
IT IS SO ORDERED. The hearing on motion to dismiss is reset for January 9, 2012, at 2:00 p.m. The Court finds that a continuance is necessary for the reasons stated above, and further finds that the ends of justice served by granting defendant time to file motions outweighs the best interests of the public and the defendant in a speedy trial. Time is therefore excluded from the date of this order through January 9, 2012, pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), and 3161(h)(1)(D).
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE