Opinion
No. 2:12-CR-0062 JAM
04-02-2012
KELLY BABINEAU Attorney for Anna Kuzmenko Kelly Babineau for: STEVEN LAPHAM Assistant U.S. Attorney
KELLY BABINEAU (CA State Bar #190418)
The Law Office of Kelly Babineau
Attorney for ALLA SAMCHUK
STIPULATION AND
ORDER TO CONTINUE STATUS
CONFERENCE
Date: 6-12-12
Time: 9:30 a.m.
Judge: Hon. John A. Mendez
It is hereby stipulated between the parties, Steven Lapham, Assistant United States Attorney, Kelly Babineau, attorney for defendant Anna Kuzmenko, that the status conference date of April 3, 2012, should be continued until June 12, 2012. The continuance is necessary to complete the review of discovery, and defense investigation. All counsel are continuing to engage in negotiations with the government.
IT IS STIPULATED that the period of time from the signing of this Order up to and including the new status conference date of June 12, 2012, be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7) and Local Code T4, for ongoing preparation of counsel.
Respectfully submitted,
______________________
KELLY BABINEAU
Attorney for Anna Kuzmenko
______________________
Kelly Babineau for:
STEVEN LAPHAM
Assistant U.S. Attorney
KELLY BABINEAU (CA State Bar #190418)
The Law Office of Kelly Babineau
Attorney for ANNA KUZMENKO
THE UNITED STATES OF AMERICA, Plaintiff,
v.
ANNA KUZMENKO Defendant.
No. 2:12-CR-0062 JAM
ORDER
Date: 6-12-12
Time: 9:30 a.m.
Judge: Hon. John A. Mendez
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for April 3, 2012, at 9:30 a.m. be continued to June 12, 2012, at 9:30 a.m. Based on the representations of counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account due diligence. The continuance outweighs the best interests of the public and the defendants to a speedy trial. It is ordered that time from this date to June 12, 2012, shall be excluded from computation of the time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7) and Local Code T4, to allow counsel time to prepare.
______________________
JOHN A. MENDEZ
United States District Court Judge