1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

STIP. & [PROPOSED] ORDER

CR 09-0824 MMC

JOSEPH P. RUSSONIELLO (CSBN 44332)

United States Attorney

BRIAN J. STRETCH (CSBN 163973)

Chief, Criminal Division

KYLE F. WALDINGER (ILSB 6238304)

Assistant United States Attorney

450 Golden Gate Avenue, 11 Floor th

San Francisco, California 94102

Telephone: (415) 436-6830

Facsimile: (415) 436-7234

E-mail: kyle.waldinger@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

KAM SETO, PETER CHAN, and

ZHIJIAN WU,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

No. CR 09-0824 MMC

STIPULATION AND [PROPOSED]

ORDER RE-SCHEDULING PARTIES’

APPEARANCE AND EXCLUDING

TIME UNDER THE SPEEDY TRIAL

ACT

The parties in the above-captioned case are next set to appear before this Court on

January 20, 2010, at 2:30 p.m. The United States and the defendants Kam Seto, Peter

Chan, and Zhijian Wu, by and through their respective counsel, do hereby stipulate and

agree, and do jointly request, that the Court (1) vacate the January 20, 2010, hearing date;

(2) re-schedule the parties’ next appearance for February 3, 2010; and (3) exclude time

under the Speedy Trial Act, 18 U.S.C. § 3161, from January 20, 2010, to February 3,

2010. In support of this request, the parties state as follows:

1. The parties made their initial appearance before this Court on November 18,

2009. At that time, the Court continued the case to January 20, 2010, and ordered that

time be excluded from November 18, 2009, to January 20, 2010, under the Speedy Trial

Case 3:09-cr-00824-MMC Document 44 Filed 01/07/10 Page 1 of 4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

STIP. & [PROPOSED] ORDER

CR 09-0824 MMC -2-

Act based on the need for effective preparation of counsel and based on the complexity of

the case, owing to the length of the alleged conspiracy and the amount of discovery

provided and to be provided to the defense.

2. Since the hearing on November 18, 2009, the government has produced

more than 1300 pages of additional discovery to the defendants. Moreover, the United

States will produce an additional 5,000+ pages of discovery to defense counsel by

approximately January 8, 2010. Based on the amount of discovery that has been

produced and that will soon be produced, defense counsel need additional time to review

the discovery and to investigate the case. Continuing the parties’ appearance from

January 20, 2010, to February 3, 2010, will give defense counsel an opportunity to

accomplish this objective.

3. Moreover, since the parties’ last appearance, undersigned counsel for the

government was required to schedule a work-related trip to Los Angeles on January 20

and January 21, 2010, and is therefore unavailable for the parties’ appearance on January

20, 2010.

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

Case 3:09-cr-00824-MMC Document 44 Filed 01/07/10 Page 2 of 4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

STIP. & [PROPOSED] ORDER

CR 09-0824 MMC -3-

4. For all of these reasons, the United States and the defendants Kam Seto,

Peter Chan, and Zhijian Wu, by and through their respective counsel, do hereby request

that the Court (1) vacate the January 20, 2010, hearing date; (2) re-schedule the parties’

next appearance for February 3, 2010; and (3) exclude time under the Speedy Trial Act,

18 U.S.C. § 3161, from January 20, 2010, to February 3, 2010.

SO STIPULATED.

DATED: January 6, 2010 JOSEPH P. RUSSONIELLO

United States Attorney

__________/s/_____________________

KYLE F. WALDINGER

Assistant United States Attorney

DATED: January 6, 2010 __________/s/_____________________

MARK ROSENBUSH

Attorney for defendant Kam Seto

DATED: January 6, 2010 __________/s/_____________________

DOUGLAS I. HORNGRAD

Attorney for defendant Peter Chan

DATED: January 6, 2010 __________/s/_____________________

GEORGE J. COTSIRILOS, JR.

Attorney for defendant Zhijian Wu

[PROPOSED] ORDER

For the reasons set forth in the parties’ stipulation, it is hereby ORDERED that

(1) the January 20, 2010, hearing date be vacated and (2) the parties’ next appearance be

re-scheduled to February 3, 2010, at 2:30 p.m. The Court further finds that, based on the

facts set forth in the parties’ stipulation, and taking into the account the public interest in

the prompt disposition of criminal cases, granting the continuance until February 3, 2010,

is necessary for effective preparation of defense counsel and for continuity of government

counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv). Given these circumstances, the Court finds

Case 3:09-cr-00824-MMC Document 44 Filed 01/07/10 Page 3 of 4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

STIP. & [PROPOSED] ORDER

CR 09-0824 MMC -4-

that the ends of justice served by excluding the period from January 20, 2010, to February

3, 2010, outweigh the best interest of the public and the defendant in a speedy trial and,

therefore, FURTHER ORDERS that period of time be excluded from calculations under

the Speedy Trial Act. Id. § 3161(h)(7)(A).

DATED: January ___, 2010 _______________________________

MAXINE M. CHESNEY

United States District Judge

7

Case 3:09-cr-00824-MMC Document 44 Filed 01/07/10 Page 4 of 4