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JOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

BRIAN J. STRETCH (CABN 163973)

Chief, Criminal Division

KEVIN J. BARRY (CABN 229748)

Assistant United States Attorney

450 Golden Gate Ave., Box 36055

San Francisco, California 94102

Telephone: (415) 436-7200

Fax: (415) 436-7234

E-Mail: kevin.barry@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION 

UNITED STATES OF AMERICA,

Plaintiff,

v.

JOHN GIMBEL,

Defendant. 

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CR No. 09-0989 MHP

STIPULATION AND [PROPOSED]

ORDER CHANGING HEARING DATE 

On July 15, 2010, pursuant to the parties’ stipulation, the Court ordered the hearing on

the defendant’s motion to dismiss be changed to July 29, 2010. Since that time, counsel for the

government has become unavailable on July 29 due to a family emergency. For this reason, the

parties respectfully request that the date for the hearing be moved to August 6, 2010, at 10:00

a.m. 

The Court has previously ordered that time be excluded from any calculation under the

Speedy Trial Act based on effective preparation of counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv). 

The parties request that this additional period of time be excluded for the same basis, in addition

to its exclusion through the filing of the defendant’s motion to dismiss. See 18 U.S.C. §

STIPULATION AND [PROPOSED] ORDER CHANGING HEARING DATE

CR 09-0989 MHP

Case 3:09-cr-00989-MHP Document 36 Filed 07/23/10 Page 1 of 2
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3161(h)(1)(D). 

SO STIPULATED:

JOSEPH P. RUSSONIELLO 

United States Attorney

DATED: July 22, 2010 /s/ 

KEVIN J. BARRY

Assistant United States Attorney 

DATED: July 22, 2010 ____/s/__ 

MICHAEL STEPANIAN

Attorney for Defendant John Gimbel

[PROPOSED] ORDER

For good cause shown, the Court hereby moves the hearing date for the defendant’s

motion to dismiss from July 29, 2010 to August 6, 2010, at 10:00 a.m. The Court finds that an

exclusion of the time between July 29, 2010 and August 6, 2010 from any limits applicable

under 18 U.S.C. § 3161 is warranted, both through the filing of the defendant’s motion and for

effective preparation of counsel. The Court finds that the ends of justice served by granting such

an exclusion of time outweigh the best interests of the public and the defendant in a speedy trial. 

18 U.S.C. § 3161(h)(7)(A). A failure to grant the requested exclusion of time would deny

counsel for the defendant and for the government the reasonable time necessary for effective

preparation, taking into account the exercise of due diligence, and would result in a miscarriage

of justice. 18 U.S.C. §3161(h)(7)(B)(iv). 

IT IS SO ORDERED.

Dated: __________________

 

HON. MARILYN HALL PATEL

United States District Judge

STIPULATION AND [PROPOSED] ORDER CHANGING HEARING DATE

CR 09-0989 MHP 2

7/23/2010

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

Case 3:09-cr-00989-MHP Document 36 Filed 07/23/10 Page 2 of 2