PROPOSED ORDER OF CONTINUANCE OF TRIAL AND 

PRETRIAL MOTIONS CUTOFF DATE - 1 

Law Office of Zenon Peter Olbertz 

1008 So. Yakima Ave., Suite 302 

Tacoma, WA 98405 

(253) 272-9967/Fax: (253) 572-1441 

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HONORABLE RONALD B. LEIGHTON 

UNITED STATES DISTRICT COURT 

 WESTERN DISTRICT OF WASHINGTON 

 AT TACOMA 

UNITED STATES OF AMERICA, ) 

 ) 

 Plaintiff, ) No. CR06-5419RBL 

 ) 

 vs. ) ORDER OF CONTINUANCE 

 ) OF TRIAL AND PRETRIAL 

MARKUS V. MOORE, ) MOTIONS CUTOFF DATE 

 ) 

 Defendant. ) 

_______________________________) 

 Before this court is the defendant's motion for continuance of the trial which is presently 

scheduled to commence on September 5, 2006, and the pretrial motions cutoff date which is 

presently scheduled for July 28, 2006. The defendant requires additional time so that further 

work may be done on pretrial motions; so that witnesses may be located, interviewed and secured 

for testimony at trial; and that defendant may complete trial preparation. The defendant also 

requests the continuance based on defense counsel's schedule in that the defendant and counsel 

are scheduled to go to trial in United States District Court Case No. CR05-5823RBL on February 

2, 2007, and that that case should take priority because of its complexity. The government has 

filed no opposition or objection to the present motion. 

 That the court finds, after a consideration of all relevant information and the 

circumstances of this case, that without this continuance the defendant will be prejudiced and the 

ability to properly prepare for trial would be impaired. Failure to grant a continuance under these 

Case 3:06-cr-05419-RBL Document 16 Filed 08/24/06 Page 1 of 3
PROPOSED ORDER OF CONTINUANCE OF TRIAL AND 

PRETRIAL MOTIONS CUTOFF DATE - 2 

Law Office of Zenon Peter Olbertz 

1008 So. Yakima Ave., Suite 302 

Tacoma, WA 98405 

(253) 272-9967/Fax: (253) 572-1441 

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circumstances would result in a miscarriage of justice. The ends of justice would best be served 

by the granting of the motion for continuance. The ends of justice outweigh the best interests of 

the public and the defendant in having the matter brought to trial sooner. For these reasons, the 

court finds the defendant's motion for continuance should be granted. The trial scheduled for 

September 5, 2006 is VACATED. Trial shall be RESCHEDULED TO APRIL 16, 2007 at 9:00 

AM in Tacoma, Washington, and the pretrial motions cutoff date scheduled for July 28, 2006 is 

VACATED. The pretrial motions cutoff date shall be RESCHEDULED TO March 12, 2007 

 Any and all period of delay resulting from the granting of this continuance, from the date 

of the filing of the defendant's motion until the date of the rescheduled trial, shall be excludable 

time pursuant to 18 U.S.C.  3161(h)(1)(F) and (h)(8)(A). 

 IT IS SO ORDERED. 

IT IS SO ORDERED this 24th day of August, 2006. 

 

 ARONALD B. LEIGHTON 

 UNITED STATES DISTRICT JUDGE 

 Digitally Signed upon oral authorization (JAB) 

 

Presented by: 

LAW OFFICE OF 

ZENON PETER OLBERTZ 

Attorney for Defendant 

 /s/ 

By: _________________________ 

 Zenon P. Olbertz 

 WSB #6080 

Approved as to form: 

 /s/ Per Telephone Call of 8/23/06 

By: ___________________________ 

 Gregory Gruber 

 Assistant U.S. Attorney 

Case 3:06-cr-05419-RBL Document 16 Filed 08/24/06 Page 2 of 3
PROPOSED ORDER OF CONTINUANCE OF TRIAL AND 

PRETRIAL MOTIONS CUTOFF DATE - 3 

Law Office of Zenon Peter Olbertz 

1008 So. Yakima Ave., Suite 302 

Tacoma, WA 98405 

(253) 272-9967/Fax: (253) 572-1441 

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 CERTIFICATE OF SERVICE 

 I hereby certify that on August 23rd, 2006, I electronically filed the foregoing Proposed 

Order of Continuance with the Clerk of the Court using the CM/ECF system which will send 

notification of such filing to the following: 

 Gregory A. Gruber 

 Assistant U.S. Attorney 

 United States Attorney's Office 

 1201 Pacific Avenue, Suite 700 

 Tacoma, WA 98402-4305 

 I hereby certify that on August 23rd, 2006, I mailed the foregoing Proposed Order of 

Continuance to the following: 

 Markus V. Moore 

 Reg. #36546-086 

 FDC at Sea Tac 

 P.O. Box 13900 

 Seattle, WA 98198 

 

 DATED this 23rd day of August, 2006. 

 /s/ 

 _________________________ 

 Sarah M. Heckman 

 Legal Assistant 

Case 3:06-cr-05419-RBL Document 16 Filed 08/24/06 Page 3 of 3