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

LAW OFFICE OF

ZENON PETER OLBERTZ

1008 SOUTH YAKIMA AVENUE, SUITE 302

TACOMA, WASHINGTON 98405

(253) 272-9967

STIPULATED MOTION AND ORDER

FOR CONTINUANCE OF PRETRIAL MOTIONS

CUTOFF DATE - 1

THE HONORABLE FRANKLIN D. BURGESS

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

UNITED STATES OF AMERICA, )

) No. CR05-5784FDB

 Plaintiff, )

) STIPULATED MOTION

vs. ) AND ORDER FOR 

) CONTINUANCE OF

JONATHAN MOAMLAE, ) PRETRIAL MOTIONS 

EDWARD MALANDO WILLIAMS, and ) CUTOFF DATE

MAZZAR GERALD ROBINSON, )

)

 Defendants. ) )

The defendants herein, Jonathan Moamlae, by and through his counsel,

Jerome Kuh; Edward Malando Williams, by and through his counsel, Zenon P. Olbertz;

Mazzar Gerald Robinson, by and through his counsel, Judith M. Mandel; and the

Government, by and through its counsel, Kent Y. Liu, Assistant United States Attorney,

hereby move that the pretrial motions cutoff date in the above captioned matter,

presently scheduled for November 29th, 2005, be vacated, and that the pretrial motions

cutoff date be rescheduled to December 15th, 2005, with Government’s response date

being December 22nd, 2005. 

***

***

Case 3:05-cr-05784-RBL Document 30 Filed 11/29/05 Page 1 of 7
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

LAW OFFICE OF

ZENON PETER OLBERTZ

1008 SOUTH YAKIMA AVENUE, SUITE 302

TACOMA, WASHINGTON 98405

(253) 272-9967

STIPULATED MOTION AND ORDER

FOR CONTINUANCE OF PRETRIAL MOTIONS

CUTOFF DATE - 2

Trial is presently scheduled in this matter for January 17th, 2006, and the

pretrial conference is presently scheduled for January 5th, 2006.

DATED this 28th day of November, 2005.

LAW OFFICE OF FEDERAL PUBLIC

ZENON PETER OLBERTZ DEFENDER’S OFFICE

Attorney for Defendant Attorney for Defendant

Edward M. Williams Jonathan Moamlae

 /s/ /s/

By: . By: .

 Zenon P. Olbertz Jerome Kuh

LAW OFFICE OF UNITED STATES 

JUDITH M. MANDEL ATTORNEY'S OFFICE

Attorney for Defendant

Mazzar G. Robinson

/s/ /s/

By: . By: 

 Judith M. Mandel Kent Y. Liu

 Assistant U.S. Attorney

Case 3:05-cr-05784-RBL Document 30 Filed 11/29/05 Page 2 of 7
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

LAW OFFICE OF

ZENON PETER OLBERTZ

1008 SOUTH YAKIMA AVENUE, SUITE 302

TACOMA, WASHINGTON 98405

(253) 272-9967

STIPULATED MOTION AND ORDER

FOR CONTINUANCE OF PRETRIAL MOTIONS

CUTOFF DATE - 3

AFFIDAVIT

STATE OF WASHINGTON )

 : ss.

County of Pierce ) 

ZENON P. OLBERTZ being duly sworn under oath, deposes and says, I am the

attorney for the defendant, Edward M. Williams in the above captioned matter.

This affidavit is in support of the agreed upon motion to request a continuance

of the pretrial motions cutoff date currently set for November 29, 2005. Your affiant

apparently received the discovery in this matter sometime over the Thanksgiving

holiday. I first had an opportunity to see the disk, which apparently contained 458

pages of discovery on November 28th. It is my belief that all other defendants’ counsel

are in the same situation. As a result of the timing of receiving the discovery in this

case, and the number of documents, all parties agree that it is simply unworkable to

continue, or to maintain the current motions cutoff date of November 29th. All parties 

***

***

***

***

***

***

***

Case 3:05-cr-05784-RBL Document 30 Filed 11/29/05 Page 3 of 7
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

LAW OFFICE OF

ZENON PETER OLBERTZ

1008 SOUTH YAKIMA AVENUE, SUITE 302

TACOMA, WASHINGTON 98405

(253) 272-9967

STIPULATED MOTION AND ORDER

FOR CONTINUANCE OF PRETRIAL MOTIONS

CUTOFF DATE - 4

are requesting that this Court continue the motions cutoff date in this matter to

December 15th, 2005, with the Government’s response date being December 22nd, 2005.

FURTHER YOUR AFFIANT SAYETH NAUGHT. 

/s/

 

ZENON P. OLBERTZ

SUBSCRIBED AND SWORN to before me this 28th day of November, 2005.

/s/

________________________________ 

NOTARY PUBLIC in and for the State

Of Washington, residing at Tacoma. My

Commission Expires: 11/28/05.

Case 3:05-cr-05784-RBL Document 30 Filed 11/29/05 Page 4 of 7
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

LAW OFFICE OF

ZENON PETER OLBERTZ

1008 SOUTH YAKIMA AVENUE, SUITE 302

TACOMA, WASHINGTON 98405

(253) 272-9967

STIPULATED MOTION AND ORDER

FOR CONTINUANCE OF PRETRIAL MOTIONS

CUTOFF DATE - 5

ORDER

Before this court is a stipulated motion for continuance of the pretrial motions

cutoff date presently scheduled for November 29th, 2005. The court finds, after a

consideration of all relevant information and the circumstances of this case, that

without this continuance the defendants will be prejudiced and the ability to properly

prepare for trial would be impaired.

For these reasons, the Court finds the stipulated motion for continuance should be

granted. The previously scheduled pretrial motions cutoff date is hereby VACATED. 

The pretrial motions cutoff date shall be RESCHEDULED to December 15th, 2005,

with the Government’s response date being: December 22nd, 2005.

IT IS SO ORDERED.

DONE this 29th day of November, 2005.

 /s/ Franklin D Burgess 

United States District Judge

Case 3:05-cr-05784-RBL Document 30 Filed 11/29/05 Page 5 of 7
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

LAW OFFICE OF

ZENON PETER OLBERTZ

1008 SOUTH YAKIMA AVENUE, SUITE 302

TACOMA, WASHINGTON 98405

(253) 272-9967

STIPULATED MOTION AND ORDER

FOR CONTINUANCE OF PRETRIAL MOTIONS

CUTOFF DATE - 6

LAW OFFICE OF FEDERAL PUBLIC

ZENON PETER OLBERTZ DEFENDER’S OFFICE

Attorney for Defendant Attorney for Defendant

Edward M. Williams Jonathan Moamlae

 /s/ /s/

By: . By: 

.

 Zenon P. Olbertz Jerome Kuh

LAW OFFICE OF UNITED STATES 

JUDITH M. MANDEL ATTORNEY'S OFFICE

Attorney for Defendant

Mazzar G. Robinson

/s/ /s/

By: . By: 

 Judith M. Mandel Kent Y. Liu

 Assistant U.S. Attorney

Case 3:05-cr-05784-RBL Document 30 Filed 11/29/05 Page 6 of 7
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

LAW OFFICE OF

ZENON PETER OLBERTZ

1008 SOUTH YAKIMA AVENUE, SUITE 302

TACOMA, WASHINGTON 98405

(253) 272-9967

STIPULATED MOTION AND ORDER

FOR CONTINUANCE OF PRETRIAL MOTIONS

CUTOFF DATE - 7

 CERTIFICATE OF SERVICE

I hereby certify that on November 28th, 2004, I electronically filed the foregoing

Stipulated Motion and Order for Continuance of Pretrial Motions Cutoff Date with the

Clerk of the Court using the CM/ECF system which will send notification of such filing

to all defense counsel, and to the following:

Kent Y. Liu

Assistant United States Attorney

700 Stewart Street

Suite 5220

Seattle, WA 98101-1271

I hereby certify that on November 28th, 2005, I mailed the Stipulated Motion and

Order for Continuance of Pretrial Motions Cutoff Date to the following:

Edward Malando Williams

Reg. #35730-086

Federal Detention Center

SeaTac

P.O. Box 13900

Seattle, WA 98198

DATED this 28th day of November, 2005.

/s/ .

Sarah M. Heckman

Legal Assistant

Case 3:05-cr-05784-RBL Document 30 Filed 11/29/05 Page 7 of 7