Case 2:09-cr-00132-JAD-GWF Document 590 Filed 10/20/17 Page 1 of 6

1 Steven W. Myhre
Acting United States Attorney
2 District of Nevada
Kathryn Newman
Nevada Bar No. 13733
3 Andrew W. Duncan
Assistant United States Attorneys
4 501 Las Vegas Blvd. South, Suite 1100
Las Vegas, Nevada 89101
5 PHONE: (702) 388-6336
FAX: (702) 388-5087
6 Kathryn.Newman@usdoj.gov
Andrew.Duncan@usdoj.gov
7
Counsel for Plaintiff United States
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA
10 -oOo-

11
UNITED STATES OF AMERICA, Case No. 2:09-CR-132-JAD-GWF
12
Plaintiff
13 STIPULATION TO CONTINUE
vs. TRIAL SETTINGS
14
[2] JOHN EDWARDS, (Eleventh Request)
15 [8] BRIAN DVORAK,
[9] GINGER GUTIERREZ, and
16 [10] JAMES KINNEY,

17 Defendants

18 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned

19 attorneys, that the Jury Trial currently scheduled for November 14, 2017, be vacated and
20 continued to a day and time convenient to this Court, but no sooner than March 1, 2018.
21 This stipulation is entered into for the following reasons:
22 1. The Court has designated this case as complex. (Docket # 57.) The Defendants
23 need additional time to prepare for trial in this case, including conducting legal research and
24 factual investigation to determine the best respective defenses.
 Case 2:09-cr-00132-JAD-GWF Document 590 Filed 10/20/17 Page 2 of 6

1 2. John Edwards, the only remaining defendant in custody, is attempting to resolve

2 this matter with the Government. He does not object to an additional continuance in order to

3 resolve the case or to prepare for trial.

4 3. Counsel for Ginger Gutierrez and James Kinney are scheduled to be in trial in

5 United States v. Cliven Bundy et al, 2:16-cr-46-GMN-PAL beginning on October 30, 2017. The

6 Bundy trial is expected to last three to four months.

7 4. The remaining Defendants are not in custody and do not object to an additional

8 continuance.

9 5. The parties have been joined for trial. There is no motion for severance pending.

10 Further, the counts and evidence against the remaining, out-of-custody Defendants is intertwined

11 with that against Defendant Edwards. The additional time will allow the remaining parties to

12 proceed to trial with Defendant Edwards and conserve Court and Government resources as a

13 result.

14 6. The additional time requested herein is not sought merely for purposes of delay.

15 Denial of this request could result in a miscarriage of justice.

16 7. This is the eleventh Stipulation to Continue the trial date.

17 8. The additional time requested by this stipulation is excludable in computing the

18 time within which the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C.

19 3161(h)(1)(A), (h)(6) and (7)(A), when considering the factors under 18 U.S.C.

20 3161(h)(7)(B)(i), (ii) and (iv).

21

22

23

24

2
 Case 2:09-cr-00132-JAD-GWF Document 590 Filed 10/20/17 Page 3 of 6

1 WHEREFORE, the parties stipulate and request that the jury trial in this case should be

2 vacated and continued to a date and time convenient to this Court but not sooner than March 1,

3 2018.

4 RESPECTFULLY SUBMITTED this ____ day of _____________ 2017.

6 Steven W. Myhre /s/

Acting United States Attorney John Wesley Hall, Jr.
7 Counsel for Brian Dvorak
/s/ Kathryn Newman
8
Kathryn Newman /s/
9 Andrew W. Duncan
Assistant United States Attorneys Chris T. Rasmussen
10 Counsel for Ginger Gutierrez

11

12 /s/
Todd M. Leventhal
13 Counsel for James Kinney

14
/s/
15
Richard Wright
16 Counsel for John Edwards

17

18

19

20

21

22

23

24

3
 Case 2:09-cr-00132-JAD-GWF Document 590 Filed 10/20/17 Page 4 of 6

2 UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA
-oOo-
4

5 UNITED STATES OF AMERICA, Case No. 2:09-CR-132-JAD-GWF

6 Plaintiff

7 vs.

8 [2] JOHN EDWARDS,

[8] BRIAN DVORAK,
9 [9] GINGER GUTIERREZ, and
[10] JAMES KINNEY,
10
Defendants
11

12 ORDER

13 THIS MATTER COMES BEFORE THE COURT on the parties Tenth Stipulation to

14 Vacate and Continue Trial Setting in this case.

15 FINDINGS

16 Based on the stipulation of the parties, and good cause appearing therefore, the Court

17 hereby finds that:

18 1. The Court has designated this case as complex. (Docket # 57.) The Defendants

19 need additional time to prepare for trial in this case, including conducting legal research and

20 factual investigation to determine the best respective defenses.

21

22

23 4

24
 Case 2:09-cr-00132-JAD-GWF Document 590 Filed 10/20/17 Page 5 of 6

1 2. John Edwards, the only remaining defendant in custody, is attempting to resolve

2 this matter with the Government. He does not object to an additional continuance in order to

3 resolve the case or to prepare for trial.

4 3. Counsel for Ginger Gutierrez and James Kinney are scheduled to be in trial in

5 United States v. Cliven Bundy et al, 2:16-cr-46-GMN-PAL beginning on October 30, 2017. The

6 Bundy trial is expected to last three to four months.

7 4. The remaining Defendants are not in custody and do not object to an additional

8 continuance.

9 5. The parties have been joined for trial. There is no motion for severance pending.

10 Further, the counts and evidence against the remaining, out-of-custody Defendants is intertwined

11 with that against Defendant Edwards. The additional time will allow the remaining parties to

12 proceed to trial with Defendant Edwards and conserve Court and Government resources as a

13 result.

14 6. The additional time requested herein is not sought merely for purposes of delay.

15 Denial of this request could result in a miscarriage of justice.

16 7. This is the eleventh Stipulation to Continue the trial date.

17 8. The additional time requested by this stipulation is excludable in computing the

18 time within which the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C.

19 3161(h)(1)(A), (h)(6) and (7)(A), when considering the factors under 18 U.S.C.

20 3161(h)(7)(B)(i), (ii) and (iv).

21

22

23 5

24
 Case 2:09-cr-00132-JAD-GWF Document 590 Filed 10/20/17 Page 6 of 6

1 CONCLUSIONS OF LAW

2 For all of the above-stated reasons, the ends of justice served by granting the requested

3 continuance outweigh the best interest of the public and the Defendants in a speedy trial, since

4 the failure to grant said continuance would be likely to result in a miscarriage of justice, would

5 deny the parties sufficient time to prepare for trial, taking into account the exercise of due

6 diligence and the complex nature of the case and voluminous discovery.

7 The continuance requested by the parties is excludable under the Speedy Trial Act, Title

8 18, United States Code, Sections (h)(1)(A), (h)(6) and (7)(A), when considering the factors under

9 18 U.S.C. 3161(h)(7)(B)(i), (ii) and (iv).

10 IT IS THEREFORE ORDERED that the calendar call setting on November 6, 2017,

11 at 1:30 p.m. is vacated and reset for _________________ at the hour of ________ and the trial

12 setting of November 14, 2017, is vacated and continued to ___________________.

13 SO ORDERED this ______ day of October, 2017.

14

15

16
UNITED STATES DISTRICT COURT JUDGE
17

18

19

20

21

22

23 6

24