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UNITED STATES V. RODRIGUEZ, CR No. 09-750 MMC,

STIPULATION AND [PROPOSED] ORDER

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JOSEPH P. RUSSONIELLO (CSBN 44332)

United States Attorney

BRIAN STRETCH (CSBN 163973)

Chief, Criminal Division

DENISE MARIE BARTON (MABN 634052)

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, California 94102

Telephone: (415) 436-7359

Facsimile: (415) 436-7234

denise.barton@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

JOSE RAMON RODRIGUEZ,

Defendant.

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CR No. 09-00750 MMC

STIPULATION AND [PROPOSED] ORDER

This matter is currently scheduled for a Further Status Conference before this Court on

Wednesday, February 17, 2010 at 2:30 p.m. By this stipulation, the parties seek to continue this

Further Status Conference until Wednesday, March 24, 2010 at 2:30 p.m.

In January 2010, Susan Jerich, the previously-assigned AUSA on this case left the Office.

Thereafter, this case was reassigned to AUSAs Denise Marie Barton and Matthew L. McCarthy.

AUSA Barton and counsel for the Defendant, Mark Goldrosen, have spoken about possible

resolution of this matter. However, prior to resolving this matter, AUSAs Barton and McCarthy

require time to review the file, understand the nature of the case, and continue discussions with

DENYING STIPULATION AS UNTIMELY

Case 3:09-cr-00750-MMC Document 17 Filed 02/16/10 Page 1 of 2
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UNITED STATES V. RODRIGUEZ, CR No. 09-750 MMC,

STIPULATION AND [PROPOSED] ORDER

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defense counsel regarding the merits of the case and possible resolution.

For these reasons, the parties jointly seek a continuance until March 24, 2010 at 2:30 p.m. 

The parties agree that time is properly excluded under the Speedy Trial Act for continuity and

effective preparation of counsel. 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(iv).

SO STIPULATED:

JOSEPH P. RUSSONIELLO

United States Attorney

DATED: February 16, 2010 ____/s/_________________________

DENISE MARIE BARTON

MATTHEW L. MCCARTHY

Assistant United States Attorneys

DATED: February 16, 2010 ____/s/___________________________

MARK GOLDROSEN

Attorney for JOSE RAMON RODRIGUEZ

For the foregoing reasons, this matter is continued until March 24, 2010 at 2:30 p.m. for a

Further Status Conference. Pursuant to the Speedy Trial Act, Title 18 United States Code,

sections 3161(h)(7)(A) and 3161(h)(7)(B)(iv), the ends of justice are served by granting the

requested continuance, given that failure to do so would deny the parties continuity of counsel

and reasonable time for effective preparation, taking into account the exercise of due diligence.

Accordingly, time shall be excluded from February 17, 2010 through March 24, 2010.

SO ORDERED.

DATED: _____________________ ________________________________

HON. MAXINE M. CHESNEY

United States District Court Judge

The stipulation is hereby DENIED as untimely. All parties shall appear as scheduled on

February 17, 2010.

February 16, 2010

Case 3:09-cr-00750-MMC Document 17 Filed 02/16/10 Page 2 of 2