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LINDSAY ANNE WESTON 

Attorney State Bar No. 73132 

1477 Drew Avenue, Ste. 106 

Davis, California 95618 

(530) 756-7774 

Attorney for Defendant, 

MARCALYN MORRIS 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF CALIFORNIA 

UNITED STATES OF AMERICA, 

 Plaintiff, 

v. 

MARCALYN MORRIS, et al., 

 Defendants. 

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No. CR-S-04-389-MCE 

STIPULATION TO CONTINUE 

MOTIONS SCHEDULE AND 

EXCLUDABLE TIME; 

[PROPOSED] ORDER 

 

THE PARTIES TO THIS ACTION, Defendants Adan Ayala, Jr., Randall 

Gath, Oscar Santana, Marcalyn Morris, and Maria Hernandez. by and through 

their respective counsel, and Plaintiff United States of America, through its 

counsel, Assistant United States Attorney Phillip Talbert hereby stipulate to the 

following: 

1. On May 30, 2006, the Court set a motions briefing schedule in this 

matter and a motions hearing date of October 31, 2006, at 8:30 a.m.; 

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2. The parties are involved in active negotiations to attempt a resolution 

of the case; 

3. The preparation of pretrial motions, specifically a motion to suppress 

the wiretap evidence, is time consuming and defense counsel are requesting 

additional time in order to adequately prepare the motions, the need for which 

may be obviated if the case is resolved. Further, the parties are continuing to work 

on pretrial preparation and motion preparation, especially given the complexity of 

the case both in terms of number of defendants and discovery provided by the 

government; 

4. In consideration of the above, the parties request a new briefing 

schedule and hearing date be set as follows: motions to be filed by November 5, 

2006; government’s opposition filed by December 12, 2006; defendant’s optional 

reply to be filed by December 19, 2006; and hearing on the motions set for 

January 9, 2007, at 8:30 a.m.; 

5. This Court has previously declared this case complex pursuant to 

local code T2 and excluded time from the Speedy Trial Act from May 30, 2006, 

to September 5, 2006, pursuant to both local code T2 and T4; 

5. The parties request that time be excluded from September 5, 2006, 

until the date of the hearing, January 9, 2007, both because of the complexity of 

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the case and the need for effective preparation of counsel pursuant to local code 

T2 and T4 and 18 U.S.C. §3161 (h)(8)(A) and (B) (ii) and(iv). 

DATED: September 18, 2006 /s/ Lindsay Anne Weston

 Attorney for defendant 

 MARCALYN MORRIS 

DATED: September 18, 2006 /s/ Steven D. Bauer

 Attorney for defendant 

 ADAN AYALA, JR. 

DATED: September 18, 2006 /s/Dwight M. Samuel

 Attorney for defendant 

 OSCAR SANTANA 

DATED: September 18, 2006 /s/Dina Lee Santos

 Attorney for defendant 

 RANDALL GATH 

DATED: September 18, 2006 /s/Fred Neal Dawson

 Attorney for defendant 

 MARIA HERNANDEZ 

DATED: September 18, 2006 /s/ Phillip Allen Talbert

 Attorney for plaintiff 

 UNITED STATES OF AMERICA 

 Assistant United States Attorney 

 

 

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 ORDER 

GOOD CAUSE APPEARING, the previously set motions schedule and 

hearing date of October 31, 2006, is vacated and a new hearing date of January 9, 

2007, at 8:30 a.m. is set. The motions briefing schedule is as follows: motions to 

be filed by November 5, 2006; government’s opposition to be filed by December 

12, 2006; defendant’s optional reply to be filed by December 19, 2006. Time is be 

excluded from September 5, 2006, until January 9, 2007, because of the 

complexity of the case and the need for effective attorney preparation under both 

Local Code T2 and T4 and 18 U.S.C. §3161 (h) (8) (A) and (B) (ii) and(iv). 

DATED: September 25, 2006

__________________________________ 

MORRISON C. ENGLAND, JR 

UNITED STATES DISTRICT JUDGE

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