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DOUGLAS I. HORNGRAD

Attorney at Law

California State Bar No. 95086

1736 Stockton Street

Maybeck Building Four

San Francisco, California 94133

Telephone: (415) 397-9509

Facsimile: (415) 397-9519

Attorney for Defendant

PETER CHAN

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

PETER CHAN, KAM SETO, and,

ZHIJIAN WU

Defendants.

_____________________________/

No. CR 09-0824 MMC

STIPULATION AND [PROPOSED]

ORDER RE-SCHEDULING PARTIES’

APPEARANCE AND EXCLUDING

TIME UNDER SPEEDY TRIAL ACT

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

February 24, 2010, at 2:30 P.M. The defendants Peter Chan, Kam Seto, and Zhijian Wu, by

and through their respective counsel, and the United States do hereby stipulate and agree, and

do jointly request that the Court (1) vacate the February 24, 2010, hearing date; (2) reschedule the parties’ next appearance for March 17, 2010 at 2:30 p.m.; and, (3) exclude time

under the Speedy Trial Act, 18 U.S.C. § 3161, from February 24, 2010, to March 17, 2010.

This case involves over six thousand pages of discovery. Five thousand pages of the

discovery were produced in January 2010. This request for re-scheduling is made in order

to afford time for defense investigation and for further negotiations with the United States.

The parties request that time be excluded under the Speedy Trial Act based on the need for

//

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effective preparation of defense counsel.

Dated: February 18, 2010 /s/

DOUGLAS HORNGRAD

Attorney for Defendant

PETER CHAN

Dated: February 18, 2010 /s/

MARK ROSENBUSH

Attorney for Defendant

KAM SETO

Dated: February 18, 2010 /s/

GEORGE COTSIRILOS, JR.

Attorney for Defendant

PETER CHAN

Dated: February 18, 2010 /s/

KYLE F. WALDINGER

Assistant United States Attorney

PROPOSED ORDER

For the reasons set forth in the parties’ stipulation, it is hereby ORDERED that (1) the

February 24, 2010, hearing date be vacated and (2) the parties’ next appearance be rescheduled for March 17, 2010, at 2:30 p.m. The Court further finds that, based on

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

prompt disposition of criminal cases, granting the continuance to March 17, 2010, is

necessary for effective preparation of defense counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv).

Given these circumstances, the Court finds that the ends of justice served by excluding the

period from February 24, 2010, to March 17, 2010, outweigh the best interest of the public

and the defendants 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: February _____ , 2010

MAXINE M. CHESNEY

United States District Court Judge

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