Rocky Mountain Bank -v- Google, Inc.

Filing 697

Rocky Mountain Bank -v- Google, Inc.

Doc. 697

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division ANDREW P. CAPUTO (CSBN 203655) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Plaintiff

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties stipulate as follows: 1. Defendant filed a motion to suppress on September 25, 2008. Under the latest v. CARL BERNARD, Defendant. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) No. CR 08-0463 JSW STIPULATION AND [PROPOSED] ORDER

briefing schedule ordered by the Court, the United States' opposition to this motion is due on October 16, and defendant's reply is due on October 30. A hearing on the motion is currently scheduled for November 13. 2. The parties have been engaged in settlement negotiations and have reached

conceptual agreement on a resolution of the case, pending successful drafting and final approval by defendant and the United States of the text of a plea agreement. Accordingly, defendant withdraws without prejudice his pending motion to suppress. The parties respectfully request that the Court convert the November 13 hearing from a motion hearing into a change-of-plea

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hearing. 3. The parties believe that, in light of the above, an exclusion of time under the

Speedy Trial Act, 18 U.S.C. § 3161(c)(1), is appropriate through and including November 13, 2008. Failure to grant the requested continuance would unreasonably deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, in this case. As described above, the parties' counsel require the requested increment of time in order to reduce to writing the conceptual agreement they have reached and to seek final approval of the written agreement by their principals. Accordingly, the parties respectfully believe that the ends of justice served by excluding the period through and including November 13, 2008, outweigh the best interest of the public and the defendant in a speedy trial. Id. at § 3161(h)(8)(A). They thus request that the Court order this time excluded under 18 U.S.C. § 3161(h)(8)(A) & (B)(iv). IT IS SO STIPULATED.

DATED: October 9, 2008

_______/s/________________________ DANIEL BLANK Attorney for Defendant

DATED: October 9, 2008

_______/s/________________________ ANDREW P. CAPUTO Assistant United States Attorney

[PROPOSED] ORDER Defendant has withdrawn without prejudice his motion to suppress. The Court will hold a change-of-plea hearing in this matter on November 13, 2008, at 2:30 p.m. For the reasons specified in the parties' stipulation, the Court hereby orders that the time through and including November 13, 2008, shall be excluded in calculating the time by which trial must commence in this matter under 18 U.S.C. § 3161(c)(1).

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IT IS SO ORDERED.

DATED: ______________

_______________________________ JEFFREY S. WHITE United States District Judge

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