Opinion
No. CR 09-00104 RMW
10-20-2011
UNITED STATES OF AMERICA, Plaintiff, v. WENDELL SCOTT, Defendant.
LARA VINNARD Assistant Federal Public Defender JOSEPH A. FAZIOLI Assistant United States Attorney
MELINDA L. HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
JOSEPH FAZIOLI (CABN 275564)
Assistant United States Attorney
Attorneys for the United States
STIPULATION AND []
ORDER RESETTING HEARING AND
RESPONSE DATES ON DEFENDANT'S
REQUEST TO DEFER RULING ON
GOVERNMENT'S FORFEITURE
MOTION; MOTION FOR RETURN OF
PROPERTY
By clerk's notice dated September 22, 2011, the Court set for hearing on October 24, 2011 the defendant's request to deter ruling on government's forfeiture motion and the defendant's motion for return of property. The Court also ordered the government to respond to the motion by October 17, 2011.
The parties now jointly request that the date for the hearing be reset to October 31, 2011 and the date for the government's response be reset to October 25, 2011. The grounds for the parties' request is that the parties are conferring regarding the return of the defendants' property (which includes various electronic media) that was seized by the government but is not subject to a forfeiture order. As part of this process, the government is working with the case agency to facilitate the expeditious return of the defendant's non-forfeited property, while simultaneously working to ensure that no contraband materials are returned to the defendant. In light of the above, the parties agree, and the Court finds and holds, as follows: 1. The currently October 24, 2011 hearing date is hereby reset to October 31, 2011. 2. The government shall have October 25, 2011 to file a response to the defendant's motion. STIPULATED:
LARA VINNARD
Assistant Federal Public Defender
JOSEPH A. FAZIOLI
Assistant United States Attorney
IT IS SO ORDERED.
RONALD M. WHYTE
UNITED STATES DISTRICT JUDGE