Opinion
1:19-cr-00182-DAD-BAM
09-15-2021
UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL STUBER, Defendants.
HEATHER E. WILLIAMS, #122664 Federal Defender MEGAN T. HOPKINS, #294141 Assistant Federal Defender Attorneys for Defendant MICHAEL STUBER PHILLIP A. TALBERT Acting United States Attorney LAUREL MONTOYA Assistant United States Attorney Attorney for Plaintiff HEATHER E. WILLIAMS Federal Defender MEGAN T. HOPKINS REED GRANTHAM Assistant Federal Defender Attorneys for Defendant MICHAEL STUBER
HEATHER E. WILLIAMS, #122664 Federal Defender MEGAN T. HOPKINS, #294141 Assistant Federal Defender Attorneys for Defendant MICHAEL STUBER
PHILLIP A. TALBERT Acting United States Attorney
LAUREL MONTOYA Assistant United States Attorney Attorney for Plaintiff
HEATHER E. WILLIAMS Federal Defender
MEGAN T. HOPKINS REED GRANTHAM Assistant Federal Defender Attorneys for Defendant MICHAEL STUBER
STIPULATION TO CONTINUE STATUS CONFERENCE; AND ORDER
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, that the status conference scheduled for September 29, 2021 at 1:00 p.m. be continued to October 27, 2021 at 1:00 p.m.
At the Court's direction, the parties met and conferred regarding the status of defense counsel's discovery review, investigation, and preparedness for trial. The parties agree that additional time is necessary for defense preparation, investigation, and pre-plea negotiations, and the proposed date of October 27, 2021 will allow sufficient time for the parties to engage in the tasks set forth above notwithstanding any delays caused by the ongoing COVID-19 public health crisis.
To date, the government has provided discovery in the form of investigative reports, photographs, and other video or audio files. Defense counsel continues to communicate with the government regarding additional specific discovery requests. Additionally, the parties are engaged in plea negotiations and exchanging information in order to advance negotiations. The parties will need additional time resolve the case, and do not wish to proceed to trial while plea negotiations are active and productive.
Based on the foregoing, the parties agree that the ends of justice are served by resetting the status conference date outweigh the best interest of the public and the defendant in a speedy trial. Therefore the parties agree that time up to an including October 27, 2021, is excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), (B)(iv).
ORDER
IT IS SO ORDERED that the status conference currently scheduled for September 22, 2021 at 1:00 p.m. is hereby continued to October 27, 2021 at 1:00 p.m. before Magistrate Judge Barbara A. McAuliffe. The time period through October 27, 2021 is excluded under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(i) and (iv), as the ends of justice served by granting the continuance outweigh the best interest of the public and the defendant in a speedy trial.
IT IS SO ORDERED.