Free Stipulation - District Court of California - California

Case 5:07-cr-00611-JW

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Filed 12/11/2007

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KENNETH M. BARISH, ESQ., SBN 56504 STEVEN R. MATHER, ESQ., SBN 109566 KAJAN MATHER AND BARISH A PROFESSIONAL CORPORATION 9777 Wilshire Blvd., Suite 805 Beverly Hills, California 90212 Telephone: (310) 278-6080 Facsimile: (310) 278-4805 Attorneys for Defendant, Huy Quoc Nguyen

UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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UNITED STATES OF AMERICA,
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Plaintiffs, v. HUY QUOC NGUYEN, Defendant.

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CASE NO. CR 07-00611 STIPULATION RE CONTINUANCE OF STATUS CONFERENCE AND [PROPOSED] ORDER THEREON

Plaintiff, United States of America, by and through its counsel of record, the United States Attorney for the Northern District of California, and defendant Huy Quoc Nguyen, by and through his attorney of record, Kenneth M. Barish, hereby stipulate and agree as follows: 1. With the court's permission, the Status Conference in this matter, currently

scheduled for December 17, 2007 at 1:30 p.m., may be continued to January 28, 2007 at 1:30 p.m. 2. Defendant was arraigned on September 27, 2007, and made his first appearance

before the Court on October 22, 2007. No trial date has been set in the matter.

___________________________________________________________________________ 1 STIPLUATION RE CONTINUANCE OF STATUS CONFERENCE AND [PROPOSED] ORDER THEREON

Case 5:07-cr-00611-JW

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3.
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The government is still in the process of providing discovery to defendant and

defendant is still in the process of reviewing records and conducting a financial analysis of the numerous tax records.
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4.

The parties believe that this matter will be expedited and more efficiently

conducted with the saving of time and money should the Court grant additional time until the status conference, so that the parties will be in a better position to inform the Court of potential motions and potential disposition of the matter. 5. The defendant's counsel resides in Los Angeles, California and asks that the Court

take into consideration the additional problem with his availability for the scheduled conference date of December 17, 2007. 6. This is the first stipulation continuing the status conference of this matter and the

first stipulation in this matter. 7. Accordingly, the parties respectfully request that the status conference hearing for

Huy Quoc Nguyen be continued until January 28, 2008, at 1:30 p.m. 8. Furthermore, the parties stipulate to an exclusion of time from December 17, 2007

to January 28, 2008, under the Speedy Trial Act for production and review of discovery, effective preparation and that the interest of justice served by granting of such continuance outweighs the ///

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___________________________________________________________________________ 2 STIPLUATION RE CONTINUANCE OF STATUS CONFERENCE AND [PROPOSED] ORDER THEREON

Case 5:07-cr-00611-JW

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best interest of the public and the defendant, who is not in custody, in a speedy trial. 18 U.S.C.
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3161(h)(8)(A) and (B).
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IT IS SO STIPULATED.
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Respectfully submitted,
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DATED:

December 11, 2007

KAJAN MATHER AND BARISH /S/ _______________________________ Kenneth M. Barish, Esq. Attorney for Defendant HUY QUOC NGUYEN

DATED:

December 11, 2007

SCOTT N. SCHOOLS United States Attorney /S/ _______________________________ CARLOS SINGH Assistant United States Attorney Attorneys for Plaintiff United States of America

ORDER Pursuant to the above-stated stipulation of the parties, and for good cause shown, IT IS HEREBY ORDERED that the status conference in the above matter, currently scheduled for December 17, 2007 shall be continued to January 28, 2007 at 1:30 p.m. IS IT FURTHER ORDERED that the time between December 17, 2007 and January 28,

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2008 is excluded under the Speedy Trial Act for the reasons provided in the stipulation of the
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parties.
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DATED:

_____________, 2007 ____________________________________ Honorable James Ware United States District Judge

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