Opinion
STEVEN G. KALAR, Federal Public Defender, JOHN PAUL REICHMUTH, Assistant Federal Public Defender, Oakland, CA, Counsel for Defendant PANG.
John Paul Reichmuth, Assistant Federal Public Defender, Susan Knight, Assistant United States Attorney, Counsel for defendant Gibson.
STIPULATION TO CONTINUE; ORDER CONTINUING CASE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
JAMES DONATO, District Judge.
IT IS HEREBY STIPULATED, by and between the parties to this action, that the STATUS HEARING date of August 22, 2014, presently scheduled at 1:30 p.m., before the Honorable James Donato, be vacated and re-set for September 26, 2014, at 1:00 p.m. for STATUS HEARING.
The requested continuance is sought under The Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). The parties agree that the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial for the following reasons: The defense requires additional time for investigation and legal research prior to requesting a motions or trial date. This case involves intellectual property issues and also requires the use of an interpreter. Government counsel has been called away from the district due to a death in the family and will no longer be available on August 22, 2014. Government counsel was also recently assigned to this case. The parties agree and stipulate that the time from August 22, 2014 until September 26, 2014, should be excluded under 18 U.S.C. § 3161(h) (7)(A), (B)(iv) for effective preparation of counsel taking into account the exercise of due diligence.
ORDER
The Court finds that the ends of justice served by the granting of the continuance outweigh the bests interests of the public and the defendant in a speedy and public trial for following reasons: The defense requires additional time for investigation and legal research prior to requesting a motions or trial date. This case involves intellectual property issues and also requires the use of an interpreter. Government counsel has been called away from the district due to a death in the family and will no longer be available on August 22, 2014. Government counsel was also recently assigned to this case. Based on these findings, it is hereby ORDERED that the above-captioned matter be continued to September 26, 2014, at 1:30 p.m., and that time be excluded from August 22, 2014 until September 26, 2014, pursuant to 18 U.S.C. §§ 3161 (h)(7)(A), (B)(iv).
IT IS SO ORDERED.