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STIPULATION AND [PROPOSED] ORDER TO CONTINUE EVIDENTIARY HEARING 

ON DEFENDANT’S MOTION TO SUPPRESS AND RELATED BRIEFING SCHEDULE 

CASE NO. 3:09-cr 00917-VRW 

468358.01 

KEKER & VAN NEST LLP 

ELLIOT R. PETERS - #158708 

BROOK DOOLEY - #230423 

GALIA A. PHILLIPS - #250551 

MATAN SHACHAM - #262348 

710 Sansome Street 

San Francisco, CA 94111-1704 

Telephone: (415) 391-5400 

Facsimile: (415) 397-7188 

Attorneys for Defendant 

JIA YUE 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

JIA YUE, 

Defendant. 

 

Case No. 3:09-cr 00917-VRW 

STIPULATION AND [PROPOSED] 

ORDER TO CONTINUE EVIDENTIARY 

HEARING ON DEFENDANT’S MOTION 

TO SUPPRESS AND RELATED 

BRIEFING SCHEDULE 

Date: March 3, 2010 

Time: 9:30 a.m. 

Dept: Courtroom 6, 17th Floor 

Judge: Chief Judge Vaughn R. Walker 

Date Indict. Filed: September 17, 2009 

Trial Date: To be determined 

Case 3:09-cr-00917-VRW Document 46 Filed 02/23/10 Page 1 of 3 Case3:09-cr-00917-VRW Document45 Filed02/17/10 Page1 of 3
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1 

STIPULATION AND [PROPOSED] ORDER TO CONTINUE EVIDENTIARY HEARING 

ON DEFENDANT’S MOTION TO SUPPRESS AND RELATED BRIEFING SCHEDULE 

CASE NO. 3:09-cr 00917-VRW 

468358.01 

WHEREAS, the Court, by Order dated February 4, 2010 (Docket No. 44) (“Order”), set a 

hearing on Defendant Jia Yue’s Motion to Suppress (Docket No. 30) for Wednesday, March 3, 

2010, at 9:30 a.m.; and 

WHEREAS, the Court, by the same Order, ordered that Defendant may file a brief 

regarding the Motion to Suppress by February 19, 2010, at 5:00 p.m.; and 

WHEREAS, the Court, by the same Order, ordered that the Government may file a reply 

brief regarding Defendant’s Motion to Suppress by February 24, 2010, at 5:00 p.m.; and 

WHEREAS, as described in the Order dated February 4, 2010, at 5:22-6:2, the Court 

ordered the Government to establish by declaration or otherwise, no later than by 5:00 p.m. on 

February 19, 2010, that no evidence obtained from the August 10, 2006 search of Johnson Mai’s 

house was destroyed; and 

WHEREAS, Defendant and the Government have met and conferred and desire to 

continue the hearing on Defendant’s Motion to Suppress and to continue the deadlines for the 

related briefs; and 

WHEREAS, no party will be prejudiced by this continuance, 

THEREFORE, it is stipulated by and between the Defendant and the Government that: 

1. The evidentiary hearing on Defendant’s Motion to Suppress shall be continued 

until Tuesday, March 30, 2010, at 9:30 a.m. 

2. Defendant may file a brief of no more than ten pages in support of the Motion to 

Suppress by March 18, 2010, at 5:00 p.m. 

3. The Government may file a reply brief of no more than ten pages in opposition to 

the Motion to Suppress by March 23, 2010, at 5:00 p.m. 

4. As described in the Order dated February 4, 2010, at 5:22-6:2, the Government is 

directed to establish by declaration or otherwise, no later than by March 18, 2010, at 5:00 p.m., 

that no evidence obtained from the August 10, 2006 search of Johnson Mai’s house was 

destroyed. 

Case 3:09-cr-00917-VRW Document 46 Filed 02/23/10 Page 2 of 3 Case3:09-cr-00917-VRW Document45 Filed02/17/10 Page2 of 3
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE EVIDENTIARY HEARING 

ON DEFENDANT’S MOTION TO SUPPRESS AND RELATED BRIEFING SCHEDULE 

CASE NO. 3:09-cr 00917-VRW 

468358.01 

The parties agree to this schedule and ask that it be so ordered by the Court. 

SO STIPULATED. 

Dated: February 17, 2010 

By: /s/ Aaron D. Wegner 

AARON D. WEGNER 

Assistant United States Attorney 

Dated: February 17, 2010 KEKER & VAN NEST LLP 

By: /s/ Brook Dooley 

ELLIOT R. PETERS 

BROOK DOOLEY 

GALIA A. PHILLIPS 

MATAN SHACHAM 

Attorneys for Defendant 

JIA YUE 

ORDER 

FOR GOOD CAUSE HEREBY FOUND, THE FOREGOING STIPULATION IS 

APPROVED AND IS SO ORDERED. 

Dated: ____________________, 2010 

 _____________________________________ 

 Honorable Vaughn R. Walker 

 Chief Judge, United States District Court 

Case3:09-cr-00917-VRW Document45 Filed02/17/10 Page3 of 3

February 23 

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Vaughn R Walker

Case 3:09-cr-00917-VRW Document 46 Filed 02/23/10 Page 3 of 3