Opinion
Case No.: 1:08-cr-00413 AWI
08-02-2011
Respectfully submitted, SCHWEITZER & DAVIDIAN, APC. By: ERIC H. SCHWEITZER Attorney for Defendant, JASON QUESNEL LAW OFFICE OF RICHARD P. BERMAN By: RICHARD P. BERMAN Attorney for Defendant, JASON QUESNEL UNITED STATES ATTORNEY By: BRIAN W. ENOS Assistant U.S. Attorney
ERIC H. SCHWEITZER #179776
SCHWEITZER & DAVIDIAN
A PROFESSIONAL CORPORATION
ATTORNEY FOR: JASON QUESNEL
STIPULATION AND ORDER TO
CONTINUE SEPTEMBER 6, 2011,
EVIDENTIARY HEARING
TO THE HONORABLE ANTHONY W. ISHII, CHIEF DISTRICT COURT JUDGE OF THE ABOVE-ENTITLED COURT:
FACTUAL BACKGROUND
At the Hearing of Mr. Quesnel's Henthorn Motion, it was decided that an evidentiary hearing on the underlying Fifth Amendment issues in the related matter would be resumed on September 6, 2011 at the hour of 1:30 p.m..
At a meeting in the ante chamber, immediately after the hearing on August 1, 2011, it was learned that witnesses for the evidentiary hearing would in fact be unavailable on September 6, 2011. This writer then called Mr. Enos to let him know of this circumstance. Mr. Enos then indicated that he would not have any problem with a later hearing date.
IT IS HEREBY STIPULATED by and between the parties hereto, by and through their representative attorneys of record, that the hearing regarding Defendant's motion presently scheduled for hearing on September 6, 2011, at 1:30 p.m., in Department 2, be continued to Tuesday, October 11, 2011, at 1:30 p.m., in Department 2.
This stipulation is based on good cause because the witnesses that this writer had intended to present on September 6, 2011, will be unavailable on that date.
The Government is available to proceed with the hearing on October 11, 2011, at 1:30 p.m..
The delay resulting from this continuance shall be excluded in the interests of justice under 18 U.S.C. §3161(h)(7)(A) and §3161(h)(7)(B)(ii).
Respectfully submitted,
SCHWEITZER & DAVIDIAN, APC.
By: ERIC H. SCHWEITZER
Attorney for Defendant,
JASON QUESNEL
LAW OFFICE OF RICHARD P. BERMAN
By: RICHARD P. BERMAN
Attorney for Defendant,
JASON QUESNEL
UNITED STATES ATTORNEY
By: BRIAN W. ENOS
Assistant U.S. Attorney
ORDER
Good cause appearing therefor,
IT IS HEREBY ORDERED that the Motion Hearing currently set for September 6, 2011, at 1:30 p.m., in Department 2, be vacated and be calendared for October 11, 2011, at 1:30 p.m., in Department 2. IT IS SO ORDERED.
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CHIEF UNITED STATES DISTRICT JUDGE