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Order — No. 1:21-cr-00199 (Dkt. 89, N.D. Ga.)

Summary

An order in United States v. Paul Kwak and Michelle Kwak, Criminal Action No. 1:21-CR-199-ELR-CCB, in the U.S. District Court for the Northern District of Georgia, Atlanta Division, filed November 15, 2022 as Document 89 (2 pages). It grants the parties' joint motion for a 60-day extension of time to file pretrial motions (Doc. 88), through January 10, 2023, with a pretrial conference on January 12, 2023 at 3:00 P.M. by Zoom video. The period from the November 11, 2022 motion through January 12, 2023 is excluded under the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). The Court finds the extension necessary because counsel need time for discussions that might resolve the case.

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“Order — No. 1:21-cr-00199 (Dkt. 89, N.D. Ga.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-1-21-cr-00199-dkt-89-n-d-ga-6540778e92/, SHA-256 0d7786d75ec00af5dd4907266d70616546c93f25b2f1f9092a628716a9e36e30.

Full text

      Case 1:21-cr-00199-ELR-CCB Document 89 Filed 11/15/22 Page 1 of 2




                IN THE UNITED STATES DISTRICT COURT
               FOR THE NORTHERN DISTRICT OF GEORGIA
                         ATLANTA DIVISION

UNITED STATES OF AMERICA,

      Plaintiff,
                                            CRIMINAL ACTION NO.
      v.                                    1:21-CR-199-ELR-CCB

PAUL KWAK (1),
MICHELLE KWAK (2),

      Defendants.


                                      ORDER

      This matter is before the Court for consideration of the parties’ joint motion

for a 60-day extension of time within which to file pretrial motions. (Doc. 88). For

good cause shown, the Court GRANTS the motion and will afford Defendants

through and including January 10, 2023, to file pretrial motions followed by a

subsequent pretrial conference scheduled for Thursday, January 12, 2023 at 3:00

P.M. The pretrial conference will be conducted by video using the Zoom platform.

Counsel will be sent instructions prior to the hearing.

      IT IS HEREBY ORDERED that the period between the date of the motion

to continue, November 11, 2022, and the date of the next pretrial conference,

January 12, 2023, shall be excluded pursuant to the Speedy Trial Act, 18 U.S.C. §§
      Case 1:21-cr-00199-ELR-CCB Document 89 Filed 11/15/22 Page 2 of 2




3161(h)(7)(A) and (B)(iv). The Court finds that the extension is necessary because

counsel for Defendants need additional time for the parties to continue discussions

to possibly resolve this case, which would obviate the need to file pretrial motions.

If the discussions are not fruitful, and Defendants elect to file pretrial motions, the

Government will need time to review any filed motions in preparation for the

pretrial conference. Therefore, the ends of justice served by granting the

continuance outweigh the best interest of the public and the Defendants in a

speedy trial.

      The Court anticipates having the pretrial conference in January regardless

of whether any party files a motion seeking additional time to file motions. If any

party does file such a motion, counsel should still plan to attend the pretrial

conference on January 12, at which time the Court will hear from counsel

regarding why additional time is needed.

      IT IS SO ORDERED, this 15th day of November, 2022.




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