Opinion
J. FRANK McCABE (SBN 48246), Attorney at Law, San Francisco, California, Attorney for Defendant DEREK LORENZO WALKER.
KEVIN V. RYAN, United States Attorney, GARTH HIRE, Assistant United States Attorney Respectfully submitted, J. FRANK McCABE, Attorney for Defendant Walker.
STIPULATION AND ORDER FOR BRIEFING SCHEDULE AND HEARING COURT APPEARANCE
CLAUDIA WILKEN, District Judge
Because defendant's counsel has requested but has not yet received additional discovery which must be reviewed before a determination can be made regarding motions,
IT IS HEREBY STIPULATED by and between Garth Hire, Assistant United States Attorney, and J. Frank McCabe, counsel for Defendant Derek Lorenzo Walker, that the defendant's pretrial motions be filed on or before January 22, 2007; the government's response be filed on or before February 5, 2007, and the defendant's reply be filed on or before February 12, 2007. The motions hearing date shall be February 26, 2007 at 2:00 p.m.
The parties are undertaking settlement negotiations and if a resolution is reached prior to the hearing date, the parties will ask to have the matter advanced on the court's calendar.
The parties further stipulate that the court appearance set for February 5, 2007 at 2:00 p.m. may be vacated.
The parties additionally stipulate that time is excluded for effective preparation of counsel under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(B)(iv), from February 5, 2007 to February 26, 2007.
ORDER
IT IS HEREBY ORDERED that defendant Walker's pretrial motions shall be filed on or before January 22, 2007; the government's response shall be filed on or before February 5, 2007, and the defendant's reply shall be filed on or before February 12, 2007. The hearing on all motions shall be February 26, 2007 at 2:00 p.m.
The court appearance previously set for February 5, 2007 at 2:00 p.m. shall be vacated.
Time is excluded for effective preparation of counsel under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(B)(iv), from February 5, 2007 to February 26, 2007.