United Statesv.French Gulch Nevada Mining Corp.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIAJun 22, 2012
No. 2:10-CR-255 GEB (E.D. Cal. Jun. 22, 2012)

No. 2:10-CR-255 GEB

06-22-2012

UNITED STATES OF AMERICA, Plaintiff, v. FRENCH GULCH NEVADA MINING CORPORATION, et al., Defendants.

MALCOLM S. SEGAL Attorney for Defendant Kiedock Kim BENJAMIN B. WAGNER UNITED STATES ATTORNEY SAMUEL WONG Assistant U.S. Attorney


BENJAMIN B. WAGNER


United States Attorney


SAMUEL WONG


Assistant U.S. Attorney


STIPULATION AND ORDER CONTINUING

HEARING ON DEFENDANT KIEDOCK

KIM'S MOTION TO DISMISS CERTAIN

COUNTS OF THE INDICTMENT,

AMENDING THE BRIEFING SCHEDULE,

AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

It is hereby stipulated by and between plaintiff United States of America, on the one hand, and defendant Kiedock Kim, on the other hand, through their respective undersigned counsel that: (1) the presently set July 20, 2012, hearing on Kim's motion to dismiss certain counts of the Indictment shall be continued to September 7, 2012, at 9:00 a.m.; (2) the United States' response to Kim's motion shall be filed by August 10, 2012; and (3) Kim's reply, if any, shall be filed by August 24, 2012. This continuance is requested to provide the parties time to attempt to negotiate a pretrial resolution of the case and, in the event the case is not resolved, provide the United States additional time to respond to Kim's dismissal motion. The parties further stipulate and agree that computation of time within which the trial of this matter must be commenced shall continue to be excluded under 18 U.S.C. § 3161(h)(1)(D) and Local Code E due to Kim's pending motion to dismiss.

_________________


MALCOLM S. SEGAL


Attorney for Defendant


Kiedock Kim


BENJAMIN B. WAGNER


UNITED STATES ATTORNEY


By: _________________


SAMUEL WONG


Assistant U.S. Attorney


ORDER

The Court having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. It is ordered that: (1) the presently set July 20, 2012, hearing on Kim's motion to dismiss certain counts of the Indictment shall be continued to September 7, 2012, at 9:00 a.m.; (2) the United States' response to Kim's motion shall be filed by August 10, 2012; and (3) Kim's reply, if any, shall be filed by August 24, 2012.

It is further ordered that computation of time within which the trial of this matter must be commenced shall continue to be excluded under 18 U.S.C. § 3161(h)(1)(D) and Local Code E due to Kim's pending motion to dismiss through the conclusion of the hearing on, or other prompt disposition of, such motion.

_________________


GARLAND E. BURRELL, JR.


United States District Judge