Opinion
No. CR 08-0237 EMC
10-31-2011
UNITED STATES OF AMERICA, Plaintiff, v. DAVID NOSAL, Defendant.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division KYLE F. WALDINGER (ILBN 6238304) Assistant United States Attorney Attorneys for Plaintiff
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
KYLE F. WALDINGER (ILBN 6238304)
Assistant United States Attorney
Attorneys for Plaintiff
STIPULATION AND [PROPOSED] ORDER RE-SETTING STATUS HEARING DATE
The United States and the defendant David Nosal submit this stipulation and proposed order to continue the November 3, 2011 status hearing to February 22, 2012. The parties stipulate, and jointly inform the Court, as follows:
1. On or about February 2, 2010, the United States filed its Notice of Appeal in this matter, seeking reversal of the District Court's dismissal of several counts of the Superseding Indictment. At that time, the District Court vacated the trial schedule.
2. Oral argument before a panel of the Ninth Circuit Court of Appeals regarding the United States' appeal was held on February 14, 2011. On April 28, 2011, the Court of Appeals issued an opinion reversing the District Court's dismissal order.
3. On June 13, 2011, the defendant David Nosal filed his petition for rehearing en banc in the Court of Appeals. The United States filed its response to that petition on July 20, 2011. On October 27, 2011, the Court of Appeals ordered that the case be reheard en banc.
4. For these reasons, the parties jointly request that the Court VACATE the November 3, 2011 status hearing, and re-set that hearing for February 22, 2012. If proceedings terminate in the Court of Appeals before that date, the parties will contact this Court's deputy clerk to schedule an appearance in the District Court forthwith.
SO STIPULATED.
MELINDA HAAG
United States Attorney
KYLE F. WALDINGER
Assistant United States Attorney
STEVEN F. GRUEL
Attorney for the defendant David Nosal
[PROPOSED] ORDER
For the reasons stated above, the parties' joint request that the November 3, 2011 status hearing be vacated is GRANTED. The parties are ORDERED to appear before the Court for a status hearing on February 22, 2012, at 2:30 p.m. If proceedings in the Court of Appeals terminate before that date, the parties are ordered to contact this Court's deputy clerk to schedule an appearance in the District Court forthwith.
EDWARD M. CHEN
United States District Judge