Stipulation to Extend Motion Deadlines — No. 2:20-cr-00286 (Dkt. 112, D. Nev.)

Summary

A four-page Stipulation to Extend Motion Deadlines, marked First Request, with findings of fact, conclusions of law and order, Document 112, filed 07/10/23 in United States v. Karen Chapon, Case No. 2:20-cr-00286-JCM-NJK, in the U.S. District Court for the District of Nevada. Assistant Federal Public Defender Brian Pugh for Chapon and Assistant United States Attorney Jessica Oliva agree that pretrial motions and notices of defense are due by July 21, 2023, responses by August 4, 2023 and replies to dispositive motions by August 11, 2023, because the parties are negotiating a resolution while the defendant preserves her right to file motions if talks fail; she is not incarcerated and agrees. Counsel signed on the 6th day of July, 2023, and the court adopted the deadlines on July 10, 2023, finding the time excludable under the Speedy Trial Act.

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        Case 2:20-cr-00286-JCM-NJK Document 112 Filed 07/10/23 Page 1 of 4




 1   RENE L. VALLADARES
     Federal Public Defender
 2   Nevada State Bar No. 11479
     BRIAN PUGH
 3   Assistant Federal Public Defender
     411 E. Bonneville, Ste. 250
 4   Las Vegas, Nevada 89101
     (702) 388-6577/Phone
 5   (702) 388-6261/Fax
     Brian_Pugh@fd.org
 6   Attorney for Karen Chapon

 7
                                 UNITED STATES DISTRICT COURT
 8
                                       DISTRICT OF NEVADA
 9
10   UNITED STATES OF AMERICA,                            Case No. 2:20-cr-00286-JCM-NJK
11                  Plaintiff,                            STIPULATION TO EXTEND
12                                                        MOTION DEADLINES
            v.
                                                          (First Request)
13   KAREN CHAPON,
14                  Defendant.
15
16          IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson,
17   United States Attorney, and Jessica Oliva, Assistant United States Attorney, counsel for the
18   United States of America, and Rene L. Valladares, Federal Public Defender, and Brian Pugh,
19   Assistant Federal Public Defender, counsel for Karen Chapon:
20          IT IS STIPULATED AND AGREED that the parties herein shall have to and including
21   July 21, 2023, to file any and all pretrial motions and notices of defense.
22          IT IS FURTHER STIPULATED AND AGREED, by and between the parties, that they
23   shall have to and including August 4, 2023, to file any and all responsive pleadings.
24          IT IS FURTHER STIPULATED AND AGREED, by and between the parties, that they
25   shall have to and including August 11, 2023, to file any and all replies to dispositive motions.
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        Case 2:20-cr-00286-JCM-NJK Document 112 Filed 07/10/23 Page 2 of 4




 1          The Stipulation is entered into for the following reasons:
 2          1.      The parties are attempting to negotiate a resolution of the case without the need
 3   for trial or pretrial motions. The parties need a short continuance of the motion deadlines to
 4   continue negotiations; however, the defendant needs to maintain her right to file pretrial
 5   motions in the event the negotiations are unsuccessful.
 6          2.      The defendant is not incarcerated and does not object to the continuance.
 7          3.      The parties agree to the continuance.
 8          4.      The additional time requested herein is not sought for purposes of delay, but
 9   merely to allow counsel for defendant sufficient time within which to be able to effectively
10   complete investigation of the discovery materials provided and to adequately consult with
11   defendant in order to determine whether the case will ultimately go to trial or be resolved
12   through a guilty plea.
13          This is the first stipulation to continue filed herein.
14          DATED this 6th day of July, 2023.
15    RENE L. VALLADARES                                JASON M. FRIERSON
      Federal Public Defender                           United States Attorney
16
      By /s/ Brian Pugh                                 By /s/ Jessica Oliva
17                                                      JESSICA OLIVA
      BRIAN PUGH
      Assistant Federal Public Defender                 Assistant United States Attorney
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                                                       2
        Case 2:20-cr-00286-JCM-NJK Document 112 Filed 07/10/23 Page 3 of 4




 1                               UNITED STATES DISTRICT COURT

 2                                     DISTRICT OF NEVADA

 3
     UNITED STATES OF AMERICA,                            Case No. 2:20-cr-00286-JCM-NJK
 4
                    Plaintiff,                            FINDINGS OF FACT, CONCLUSIONS
 5
                                                          OF LAW AND ORDER
            v.
 6
     KAREN CHAPON,
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                    Defendant.
 8
 9                                       FINDINGS OF FACT
10          Based on the pending Stipulation of counsel, and good cause appearing therefore, the
11
     Court finds that:
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            1.      The parties are attempting to negotiate a resolution of the case without the need
13
     for trial or pretrial motions. The parties need a short continuance of the motion deadlines to
14
     continue negotiations; however, the defendant needs to maintain her right to file pretrial
15
     motions in the event the negotiations are unsuccessful.
16
            2.      The defendant is not incarcerated and does not object to the continuance.
17
18          3.      The parties agree to the continuance.

19          4.      The additional time requested herein is not sought for purposes of delay, but
20   merely to allow counsel for defendant sufficient time within which to be able to effectively
21
     complete investigation of the discovery materials provided and to adequately consult with
22
     defendant in order to determine whether the case will ultimately go to trial or be resolved
23
24   through a guilty plea.

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                                                      3
        Case 2:20-cr-00286-JCM-NJK Document 112 Filed 07/10/23 Page 4 of 4




 1                                     CONCLUSIONS OF LAW
 2          The ends of justice served by granting said continuance outweigh the best interest of the
 3
     public and the defendant in a speedy trial, since the failure to grant said continuance would be
 4
     likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the
 5
 6   opportunity within which to be able to effectively and thoroughly prepare for trial, taking into

 7   account the exercise of due diligence.
 8          The continuance sought herein is excludable under the Speedy Trial Act, Title 18,
 9
     United States Code, Section 3161(h)(1)(D) and Section § 3161 (h)(7)(A), when considering
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     factors under Title 18, United States Code, § 3161(h)(7)(B)(i),(iv).
11
12                                               ORDER

13          IT IS THEREFORE ORDERED that the parties herein shall have to and including July
14   21, 2023, to file any and all pretrial motions and notices of defense.
15          IT IS FURTHER ORDERED that the parties herein shall have to and including August
16   4, 2023, to file any and all responsive pleadings.
17          IT IS FURTHER ORDERED that the parties herein shall have to and including August
18   11, 2023, to file any and all replies to dispositive motions.
19          DATED this ____ day
                  July 10, 2023.of July, 2023.
20
21                                                  UNITED STATES DISTRICT JUDGE
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