Opinion
2:21-cr-00082-GMN-EJY
04-07-2022
UNITED STATES OF AMERICA, Plaintiff, v. DANIELA TITO AND JACK PAUL MCLAUGHLIN, Defendants.
CHRISTOPHER CHIOU ACTING UNITED STATES ATTORNEY ANDREW W. DUNCAN ASSISTANT UNITED STATES ATTORNEY THOMAS F. PITARO COUNSEL FOR DEFENDANT DANIELA TITO JAMES ORONOZ COUNSEL FOR DEFENDANT JACK PAUL MCLAUGHLIN
CHRISTOPHER CHIOU ACTING UNITED STATES ATTORNEY
ANDREW W. DUNCAN ASSISTANT UNITED STATES ATTORNEY
THOMAS F. PITARO COUNSEL FOR DEFENDANT DANIELA TITO
JAMES ORONOZ COUNSEL FOR DEFENDANT JACK PAUL MCLAUGHLIN
STIPULATION FOR EXTENSION OF TIME (SECOND REQUEST)
HONORABLE ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Christopher Chiou, United States Attorney, and Andrew W. Duncan, Assistant United States Attorney, counsel for the United States of America, Thomas F. Pitaro, counsel for defendant Daniela Tito, and James Oronoz, counsel for Defendant Jack Paul McLaughlin, that the date for the Government to file a response to the Defendant's Motion to Suppress (ECF No. 47) be extended for twenty-eight days, specifically to May 9, 2022.
This stipulation is entered for the following reasons:
1. The Defendant's Motion to Suppress was filed and served on March 7, 2022. See ECF No. 47. The Government's response deadline is presently April 11, 2022.
2. The parties are in negotiations to resolve the case.
3. The parties need additional time to attempt to resolve the matter without litigating pre-trial motions.
4. Government Counsel needs additional time to conduct investigation and research to adequately respond to the Defendant's motion.
5. The additional time requested herein is not sought for purposes of delay, but to allow counsel and the defendants sufficient time to resolve the case.
6. The additional time requested herein is not sought for purposes of delay, but to allow the Government time to adequately respond to the Defendant's motion.
7. Trial in this matter is not scheduled until July 11, 2022.
8. Additionally, denial of this request for continuance could result in a miscarriage of justice.
9. This is the second stipulation filed herein to continue the Government's response deadline.
10. The parties agree to the extension of time.
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. The Defendant's Motion to Suppress was filed and served on March 7, 2022. See ECF No. 47. The Government's response deadline is presently April 11, 2022.
2. The parties are in negotiations to resolve the case.
3. The parties need additional time to attempt to resolve the matter without litigating pre-trial motions.
4. Government Counsel needs additional time to conduct investigation and research to adequately respond to the Defendant's motion.
5. The additional time requested herein is not sought for purposes of delay, but to allow counsel and the defendants sufficient time to resolve the case.
6. The additional time requested herein is not sought for purposes of delay, but to allow the Government time to adequately respond to the Defendant's motion.
7. Trial in this matter is not scheduled until July 11, 2022.
8. Additionally, denial of this request for continuance could result in a miscarriage of justice.
9. This is the second stipulation filed herein to continue the Government's response deadline.
10. The parties agree to the extension of time.
For all of the above-stated reasons, the ends of justice would best be served by a continuance of the Government's response deadline.
CONCLUSIONS OF LAW
The additional time requested herein is not sought for purposes of delay, but to allow the Government adequate time to respond to the Defendant's motion and to allow the parties to negotiate a resolution of the case. The failure to grant said continuance would likely result in a miscarriage of justice.
ORDER
IT IS THEREFORE ORDERED that the previously scheduled response deadline for the Government to respond to the Defendant's Motion to Suppress is extended until May 9, 2022.