Stipulation to Continue Trial — No. 2:21-mj-00155 (Dkt. 10, D. Nev.)

Summary

A four-page Stipulation to Continue Trial, marked First Request, with findings, conclusions and order, Document 10, in United States v. Kenneth Lane Ellis, Case No. 2:21-mj-00155-EJY, in the U.S. District Court for the District of Nevada, signed on the 28th day of May, 2021 by Erick M. Ferran of Hitzke & Ferran for the defendant and Assistant United States Attorney Rachel Kent for Acting United States Attorney Christopher Chiou. The parties ask that the trial set for June 2, 2021 at 9:00 a.m. be continued for sixty (60) days because defense counsel needs time for legal research and discovery review and the parties are negotiating a resolution; Ellis is not in custody and agrees, and the time is excludable under 18 U.S.C. § 3161(h)(7)(A). The magistrate judge adopted the findings the same day and reset trial for the 11th day of August, 2021 at 9:00 am in Courtroom 3D.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Stipulation to Continue Trial — No. 2:21-mj-00155 (Dkt. 10, D. Nev.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/stipulation-to-continue-trial-no-2-21-mj-00155-dkt-10-d-nev-53fc0c93ee/, SHA-256 6e9145b96009f1b9112d44a6f64bcbea0b192acbc906d87cc54e5e035a298dff.

Full text

ERICK M. FERRAN, ESQ.
1 Nevada State Bar No. 009554
HITZKE & FERRAN
2
2110 E. Flamingo Road, Suite 206
Las Vegas, Nevada 89119
3
Telephone No.: (702) 496-7668
4
Facsimile No.: (702) 462-2646
Attorney for Defendants
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
***
8

9 UNITED STATES OF AMERICA,

10 Plaintiff, CASE NO.: 2:21-mj-00155-EJY
11 vs.
STIPULATION TO CONTINUE TRIAL
12
KENNETH LANE ELLIS
13
(First Request)

14
Defendants.

16 IT IS HEREBY STIPULATED AND AGREED, by and between CHRISTOPHER
17
CHIOU, ESQ., Acting United States Attorney, and RACHEL KENT, ESQ., Assistant United
18
States Attorney, counsel for the United States of America, and ERICK M. FERRAN, ESQ.,
19

20
counsel for Defendant KENNETH LANE ELLIS, that the Trial date in the above-captioned matter,

21 currently set for June 2, 2021, at 9:00 a.m., be continued for sixty (60) days or to a time convenient
22 to this Honorable Court.
23
This stipulation is entered into for the following reasons:
24
1. Counsel for the Defendant needs additional time to prepare for trial in the case,
25

26 including conducting legal research and review of the discovery. The Parties also need

27 additional time to continue exploring full resolution of the matter without going to trial;
28
2. Defense Counsel and Assistant United States attorney are currently in negotiations;
-1-
3. Defendant Ellis is not in custody and does not object to the continuance.
1

2 4. All parties involved agree to the continuance;

3 5. This is the first request for a continuance of trial.
4
6. Denial of this request for continuance would result in a miscarriage of justice.
5
7. This request for a continuance is made in good faith and is not intended to delay the
6

7
proceedings in this matter.

8 8. The additional time requested by this stipulation is excludable in computing the time
9 within which the trial herein must commence pursuant to the Speedy Trial Act, 18
10
U.S.C. §§ 3161(h)(7)(A), when considering the factors under 18 U.S.C. §§
11
3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv).
12

13 9. For all the above-stated reasons, the ends of justice would be best served by a

14 continuance of the trial date.
15
DATED this 28th day of May, 2021.
16
/s/ Erick M. Ferran, Esq. /s/ Rachel Kent, Esq.
17 ERICK M. FERRAN, ESQ. RACHEL KENT, ESQ.
Counsel for Defendant Jennings Assistant United States Attorney
18

28
-2-
UNITED STATES DISTRICT COURT
1
DISTRICT OF NEVADA
2
***
3

4
UNITED STATES OF AMERICA,
5
Plaintiff, CASE NO.: 2:21-mj-00155-EJY
6
vs. ORDER TO CONTINUE TRIAL
7

8 KENNETH LANE ELLIS
9
Defendants.
10

12 FINDINGS OF FACT

13 Based on the pending Stipulations of the parties, and good cause appearing therefore, the
14
Court finds that:
15
1. Counsel for the Defendant needs additional time to prepare for trial in the case,
16
including conducting legal research and review of the discovery. The Parties also need
17

18 additional time to continue exploring full resolution of the matter without going to trial;
19 2. Defendant ELLIS is not in custody and does not object to the continuance;
20
3. All parties involved agree to the continuance;
21
4. This is the first request for a continuance filed herein;
22

23 5. Denial of this request for continuance would result in a miscarriage of justice.

24 6. This request for a continuance is made in good faith and is not intended to delay the
25
proceedings in this matter.
26
7. The additional time requested by this stipulation is excludable in computing the time
27
within which the trial herein must commence pursuant to the Speedy Trial Act, 18
28
-3-
U.S.C. §§ 3161(h)(7)(A), when considering the factors under 18 U.S.C. §§
1

2 3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv).

3 CONCLUSIONS OF LAW
4
1. The ends of justice served by granting said continuance outweigh the best interest of
5
the public and the defendant in a speedy trial, since the failure to grant said continuance
6

7
would be likely to result in a miscarriage of justice, would deny the parties herein

8 sufficient time and the opportunity within which to be able to effectively and
9 thoroughly prepare for trial, taking into account the exercise of due diligence.
10
2. This request for a continuance is made in good faith and is not intended to delay the
11
proceedings in this matter.
12

13 3. The additional time requested by this stipulation is excludable in computing the time

14 within which the trial herein must commence pursuant to the Speedy Trial Act, 18
15
U.S.C. §§ 3161(h)(7)(A), when considering the factors under 18 U.S.C. §§
16
3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv).
17
4. For all the above-stated reasons, the ends of justice would be best served by a
18

19 continuance of the trial date.

20 ORDER
21
IT IS ORDERED that the trial scheduled for June 2, 2021, at 9:00 a.m., be
22
continued. IT IS FURTHER ORDERED that the Trial in this matter be scheduled for the
23

24
11th day of August, 2021, at 9:00 am, in Courtroom 3D.

25 DATED this 28th day of May, 2021.
26

27
___________________________________
28 UNITED STATES MAGISTRATE JUDGE
-4-

File and source

File: 10.pdf
Size: 176,784 bytes
SHA-256: 6e9145b96009f1b9112d44a6f64bcbea0b192acbc906d87cc54e5e035a298dff
Our copy: 10.pdf
Original: No public link identified.