Opinion
MELINDA HAAG, United States Attorney, J. DOUGLAS WILSON, Chief, Criminal Division, RODNEY C. VILLAZOR, JOHN H. HEMANN, Assistant United States Attorneys, San Francisco, California, Attorneys for Plaintiff.
MICHAEL RAINS, Esq, Attorney for Defendant Arshad Razzak.
PETER FURST, Esq., Attorney for Defendant Richard Yick.
MATTHEW B. PAVONE, Esq., Attorney for Defendant Raul Eric Elias.
STIPULATION AND [PROPOSED] ORDER WAIVING TIME UNDER SPEEDY TRIAL ACT TO JULY 8, 2014 AT 2:30 P.M
RICHARD SEEBORG, District Judge.
The parties are scheduled to appear before the Court in the above-captioned matter on July 8, 2014 for further status hearing. As set forth on the record on June 17, 2014, the parties request that the Court exclude time under the Speedy Trial Act between June 17, 2014 and July 8, 2014. The parties stipulate that the time is excludable from the time limitations of the Speedy Trial Act because the interests of justice are served by granting a continuance, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). Such a continuance is required because the government counsel has produced discovery and will be producing additional discovery this week. Accordingly, defense counsel needs the time to review the discovery in preparation for trial. In addition, defense counsel for defendant Razzak is in the midst of a federal civil trial in San Francisco that is expected to last until mid-July 2014. This continuance will allow the reasonable time necessary for effective preparation and continuity of counsel taking into account the exercise of due diligence. As such, the parties respectfully request that the time between June 17, 2014 and July 8, 2014 be excluded under U.S.C. § 3161(h)(7)(A) and (B)(iv).
ORDER
Based on the reason provided in the stipulation of the parties above, the Court also hereby FINDS that for adequate preparation of the case by all parties and continuity of counsel, and in the interest of justice, pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), an exclusion of time is warranted under the Speedy Trial Act. Based on these findings, IT IS HEREBY ORDERED THAT time is excluded until July 8, 2014.
IT IS SO ORDERED.