Opinion
ANNA TRYON PLETCHER, TAI S. MILDER, MAY LEE HEYE, KELSEY C. LINNETT, Trial Attorneys U.S. Department of Justice Antitrust Division, San Francisco, California.
*ELLIOT R. PETERS, Counsel for Andrew B. Katakis.
*SCOTT L. TEDMON, Counsel for Donald M. Parker.
STIPULATION AND ORDER TO LIFT STAY AND SET BRIEFING SCHEDULE
WILLIAM B. SHUBB, District Judge.
On March 11, 2014, a jury returned guilty verdicts against Andrew Katakis and Donald Parker for bid rigging and Katakis for obstruction of justice. Katakis moved for a judgment of acquittal on the obstruction count. The Court granted the motion on May 9, 2014. On June 6, 2014, the government filed a notice of appeal. Four days earlier, on June 2, Katakis had moved for a new trial on the bid-rigging count. Parker joined that motion. On June 10, 2014, the Court stayed all proceedings pending receipt of an order of remand from the Court of Appeals. On August 31, 2015, the Ninth Circuit affirmed the Court's order granting Katakis a judgment of acquittal. The formal mandate issued on September 23, 2015.
In light of the appellate decision, the parties respectfully request that the Court lift the stay and permit defendants to file amended new trial motions. The parties propose the following briefing schedule:
• October 1, 2015: Defendants submit amended new trial motions;
• October 16, 2015: Government submits its opposition;
• October 23, 2015: Defendants submit their replies;
• November 9, 2015: Hearing.
ORDER
In light of the Ninth Circuit decision issued on August 31, 2015, the stay on all proceedings in this matter is hereby lifted. Defendants may resubmit their new trial motions. The parties shall adhere to the briefing schedule described above. A hearing on the new trial motions will be set for November 9, 2015, at 9:30 a.m.
IT IS SO ORDERED.