Free Stipulation and Order - District Court of California - California

Case 5:07-cr-00282-RMW

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Filed 09/19/2007

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SCOTT N. SCHOOLS (SCBN 9990) United States Attorney BRIAN J. STRETCH, (CABN 163973) Chief, Criminal Division MATTHEW A. LAMBERTI (DCBN 460339) Assistant United States Attorney 150 Almaden Boulevard, Suite 900 San Jose, California 95113 Telephone: (408) 535-5061 Facsimile: (408) 535-5066 Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL A. DALY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

*E-FILED - 9/19/07*

No. CR 07-00282 RMW STIPULATION AND [] ORDER PERMITTING DEFENDANT TO WITHDRAW MOTION WITHOUT PREJUDICE, CONTINUING CASE, AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT, 18 U.S.C. § 3161

SAN JOSE VENUE

This matter was set on Monday, September 17, 2007 for a hearing on defendant Michael A. Daly's motion for change of venue. Plaintiff United States of America, by and through Assistant United States Attorney Matthew A. Lamberti, and defendant Michael A. Daly, by and through his counsel Douglas I Louison, hereby AGREE AND STIPULATE that the defendant be permitted to withdraw his motion without prejudice and that the defendant reserves the right to refile this motion, if necessary, at an appropriate time. The parties also AGREE AND STIPULATE that this matter be continued from September 17, 2007 at 9:00 a.m. to November 5, 2007 at 9:00 a.m. for a status hearing. The parties also AGREE AND STIPULATE that the period of time from September 17, 2007 through and including November 5, 2007, shall be excluded from the period of time within

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which trial must commence under the Speedy Trial Act, 18 U.S.C. § 3161 et seq. because the parties need additional time for effective preparation and investigation, including attempting to resolve this case. DATED: 9/12/07 SCOTT N. SCHOOLS United States Attorney /s/ MATTHEW A. LAMBERTI Assistant United States Attorney DATED: 9/13/07 /s/ _____________________________ DAVID E. CONDON Counsel for the Defendant [] ORDER Based upon the foregoing, and good cause appearing therefor, the Court finds pursuant to Title 18, United States Code, Section 3161(h)(8)(A), considering the factors set forth in Section 3161(h)(8)(B), that the interests of justice in granting this continuance outweigh the defendant's and the public's interests in a speedy trial inasmuch the parties need additional time for effective preparation and investigation, including attempting to resolve this case. IT IS HEREBY ORDERED THAT the defendant be permitted to withdraw his motion for change of venue without prejudice IT IS FURTHER ORDERED that this matter be continued from September 17, 2007 at 9:00 a.m. to November 5, 2007 at 9:00 a.m. for a status hearing. IT IS FURTHER ORDERED that the period of time from September 17, 2007 through and including November 5, 2007 be excluded from the period of time within which trial must commence under the Speedy Trial Act, 18 U.S.C. § 3161 et seq. IT IS SO ORDERED.

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______________________________________ HON. RONALD M. WHYTE United States District Judge 2

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Copies to be served on: MATTHEW A. LAMBERTI Assistant United States Attorney 150 Almaden Boulevard, Suite 900 San Jose, California 95113 DOUGLAS I. LOUISON DAVID E. CONDON Merrick, Louison & Costello LLP 67 Batterymarch Street Boston, MA 02110

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