Opinion
Criminal No. 11-719 (FSH)
01-16-2013
UNITED STATES OF AMERICA v. DERISH WOLFF
Scott B. McBride Assistant U.S. Attorney
Hon. Faith S. Hochberg
ORDER SETTING SCHEDULE FOR TIME
TO FILE PRETRIAL MOTIONS AND FOR
TRIAL
THIS MATTER, having been brought before the Court by Stern & Kilcullen, LLC, attorneys for defendant Derish Wolff (Mark Rufolo, Esq., appearing), for an Order setting a schedule for any additional pretrial motions and a trial date that allows time to file and decide such motions sufficiently in advance of trial, and the Government consenting to this proposed schedule, and good cause having been shown, the Court makes the following findings:
1. This case is sufficiently complex, due to the nature of the prosecution, that it is unreasonable to expect adequate preparation for pretrial proceedings and trial within the time limits established by Title 18, United States Code, Section 3161;
2. In light of the extensive pretrial discovery to be reviewed, additional pretrial motions that the defense intends to file, and additional preparation necessary for trial, failure to grant a continuance would deny counsel for defendant reasonable time necessary for effective preparation of this case, taking into account the exercise of due diligence;
3. The ends of justice served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial;
WHEREFORE, it is on this ___ day of January, 2013,
ORDERED that additional pretrial motions (other than motions in limine)shall be filed pursuant to the following schedule:
1. Mr. Wolff shall file additional pretrial motions by April 5, 2013;
2. The Government shall file a response by May 3, 2013;
3. Any reply shall be filed by May 22, 2013.
IT IS FURTHER ORDERED that a date for hearing the motions will be set by the Court.
IT IS FURTHER ORDERED that that the trial of this matter is continued from May 6, 2013 to October 28, 2013; and
IT IS FURTHER ORDERED that the period between and including today's date through the date scheduled for trial, October 28, 2013, shall be excluded time under the Speedy Trial Act of 1974, Title 18, United States Code, Section 3161(h)(7).
_________________
FAITH S. HOCHBERG, U.S.D.J.
Form and entry consented to: _________________
Scott B. McBride
Assistant U.S. Attorney