Phase II Chin, LLC et al v. Forum Shops, LLC et al

Filing 98

Phase II Chin, LLC et al v. Forum Shops, LLC et al

Doc. 98

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FRANNY A. FORSMAN Federal Public Defender Nevada State Bar # 00014 DEBORAH A. TREVINO Assistant Federal Public Defender 411 E. Bonneville Ave., Suite 250 Las Vegas, Nevada 89101 Tel: [phone] Fax: [phone] Attorney for Williams, C. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** UNITED STATES OF AMERICA, Plaintiff, vs. CHRISTOPHER WILLIAMS Defendant. IT IS HEREBY STIPULATED AND AGREED, by and between Daniel G. Bogden, United States Attorney, and Kathleen Bliss, Assistant United States Attorney, counsel for the United States of America, and Franny A. Forsman, Federal Public Defender, and Deborah A. Trevino, Assistant Federal Public Defender, counsel for Christopher Williams, that the calendar call currently scheduled for Tuesday, January 31, 2006 at the hour of 9:00 a.m., and the trial currently scheduled for Monday, February 6, 2006 at the hour of 9:00 a.m. be vacated and set to a date and time convenient to this court but no earlier than 60 days for pretrial motions. IT IS FURTHER STIPULATED AND AGREED, that the parties herein shall have to and including April 3, 2006, by the hour of 4:00 p.m., within which to file any and all pretrial motions and notices of defense. IT IS FURTHER STIPULATED AND AGREED, by and between the parties, that they shall have to and including April 14, 2006, by the hour of 4:00 p.m., within which to file any and all responsive pleadings. CR-S-05-441-KJD(LRL) STIPULATION TO CONTINUE MOTION DEADLINES AND TRIAL DATE (First Request)

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IT IS FURTHER STIPULATED AND AGREED, by and between the parties, that they shall have to and including April 17, 2006, by the hour of 4:00 p.m., within which to file any and all replies to dispositive motions. This Stipulation is entered into for the following reasons: 1. Additional time is needed to complete defense investigations, including

witness interviews to determine whether pretrial motions are appropriate in the above-captioned case. 2. The additional time requested herein is not sought for purposes of delay, but

merely to allow counsel for defendant sufficient time within which to be able to effectively and thoroughly research, prepare and submit for filing appropriate pretrial motions. 3. The additional time requested by this stipulation, is excludable in computing

the time within which the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C. §3161(h)(8)(A), considering the factors under 18 U.S.C. §§ 3161(h)(8)(B)(i) and 3161(h)(8)(B)(iv). 4. This is the first request for continuance filed herein.

DATED this 26th day of January, 2006 FRANNY A. FORSMAN Federal Public Defender DANIEL G. BOGDEN United States of America

By: /S/ Deborah A. Trevino DEBORAH A. TREVINO, Assistant Federal Public Defender For WILLIAMS

By: /S/ Kathleen Bliss KATHLEEN BLISS Assistant United States Attorney

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FRANNY A. FORSMAN Federal Public Defender Nevada State Bar # 00014 DEBORAH A. TREVINO Assistant Federal Public Defender 411E. Bonneville Ave., Suite 250 Las Vegas, Nevada 89101 Tel: [phone] Fax: [phone] UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** UNITED STATES OF AMERICA, Plaintiff, vs. CHRISTOPHER WILLIAMS, Defendant. FINDINGS OF FACT Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that: 1. Additional time is needed to complete defense investigations, including CR-S-05-441-KJD(LRL) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

witness interviews to determine whether pretrial motions are appropriate in the above-captioned case. 2. The additional time requested herein is not sought for purposes of delay, but

merely to allow counsel for defendant sufficient time within which to be able to effectively and thoroughly research, prepare and submit for filing appropriate pretrial motions. 3. The additional time requested by this stipulation, is excludable in computing

the time within which the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C. §3161(h)(8)(A), considering the factors under 18 U.S.C. §§ 3161(h)(8)(B)(i) and 3161(h)(8)(B)(iv). 4. This is the first request for continuance filed herein.

For all of the above-stated reasons, the ends of justice would best be served by a continuance of the trial dates. 3

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CONCLUSIONS OF LAW Because of the complexity of this case, counsel for the defendant requires additional time to complete defense investigations review the new case file. The current schedule does not afford counsel sufficient time and opportunity to effectively and thoroughly do so. The failure to grant said continuance would be likely to result in a miscarriage of justice. ORDER IT IS THEREFORE ORDERED, that the parties herein shall have to and including April 3, 2006, by the hour of 4:00 p.m., within which to file any and all pretrial motions and notices of defense. IT IS FURTHER ORDERED, by and between the parties, that they shall have to and including April 14, 2006, by the hour of 4:00 p.m., within which to file any and all responsive pleadings. IT IS FURTHER ORDERED, by and between the parties, that they shall have to and including April 17, 2006, by the hour of 4:00 p.m., within which to file any and all replies to dispositive motions. IT IS FURTHER ORDERED that trial briefs, proposed voir dire questions, proposed jury instructions, and a list of the Government's prospective witnesses must be submitted to the Court by the _____ day of ________________________, 2006, by the hour of 4:00 p.m. IT IS FURTHER ORDERED that the calendar call currently scheduled for Tuesday, January 31, 2006 at the hour of 9:00 a.m., be vacated and continued to _______________________________________ at the hour of _______ ____.m.; and the trial currently scheduled for Monday, February 6, 2006 at the hour of 9:00 a.m. be vacated and continued to _____________________________________ at the hour of ______ ____.m.

day of _________________________, 2006.

____________________________________ UNITED STATES DISTRICT JUDGE

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