Opinion
Case No. 2:11-cr-00360 WBS
09-23-2011
UNITED STATES OF AMERICA, Plaintiff, v. PAUL WILLIAM MERCHANT, et al. Defendants.
BENJAMIN WAGNER United States Attorney MICHELLE RODRIGUEZ Assistant United States Attorney ERIN J. RADEKIN Attorney for Defendant PAUL WILLIAM MERCHANT CARO MARKS Attorney for Defendant STANTICHA TERRELL MIDDLETON DONALD DORFMAN Attorney for Defendant STEVEN BRENT ETHRIDGE
ERIN J. RADEKIN
Attorney at Law - SBN 214964
Attorney for Defendant
PAUL WILLIAM MERCHANT
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE STATUS CONFERENCE
STIPULATION
Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Michelle Rodriguez, defendant, Paul William Merchant, by and through his counsel, Erin J. Radekin, defendant, Stanticha Terrell Middleton, by and through his counsel, Caro Marks, and defendant, Steven Brent Ethridge, by and through his counsel, Donald Dorfman, agree and stipulate to vacate the date set for status conference, September 26, 2011 at 9:30 a.m., and to continue the status conference until October 24, 2011 at 9:30 a.m., in the courtroom of the Honorable William B. Shubb.
The reason for this request is to permit defense counsel to obtain and complete review of all discovery. The Court is advised that Ms. Rodriguez, Ms. Marks, and Mr. Dorfman concur with the request for a continuance and have authorized Ms. Radekin to sign this stipulation on their behalf.
The parties further agree and stipulate that the time period from the filing of this stipulation until October 24, 2011 should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. It is further agreed and stipulated that the ends of justice served in granting the request outweigh the best interests of the public and the defendant in a speedy trial.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED
BENJAMIN WAGNER
United States Attorney
MICHELLE RODRIGUEZ
Assistant United States Attorney
ERIN J. RADEKIN
Attorney for Defendant
PAUL WILLIAM MERCHANT
CARO MARKS
Attorney for Defendant
STANTICHA TERRELL MIDDLETON
DONALD DORFMAN
Attorney for Defendant STEVEN BRENT ETHRIDGE
ORDER
For the reasons set forth in the accompanying stipulation and declaration of counsel, the status conference of September 26, 2011 at 9:30 a.m. is VACATED and the above-captioned matter is set for status conference on October 24, 2011 at 9:30 a.m. The court finds excludable time in this matter through October 24, 2011 under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. For the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the request outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. 3161(h)(7)(A), (h)(7)(B)(iv).
IT IS SO ORDERED.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE