Case 2:13-cr-00082-KJM Document 19 Filed 10/11/13 Page 1 of 2

1 BENJAMIN B. WAGNER United States Attorney 2 MATTHEW D. SEGAL Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 5 MYTHILI RAMAN 6 Acting Assistant Attorney General U.S. Department of Justice, Criminal Division 7 JAMES A. SILVER Trial Attorney, Computer Crime & Intellectual Property Section 8 1301 New York Avenue, Suite 600 Washington, DC 20530 9 Telephone: (202) 514-1026 10 Attorneys for Plaintiff United States of America 11 12 13 14 15 16 17 18 19 20 21 Plaintiff United States of America (the government), by and through its counsel of record, v. MATTHEW KEYS, Defendant. UNITED STATES OF AMERICA, Plaintiff, CASE NO. 2:13-CR-82 KJM STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE AND EXCLUDE TIME IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

22 and defendant Matthew Keys, by and through his counsel of record, hereby stipulate as follows: 23 1. The status conference currently scheduled for Wednesday, October 16, 2013, should

24 be removed from the Courts calendar and replaced with the briefing schedule set out below. 25 2. Defendant intends to file a motion to suppress. The Rule 12(c) motions deadline shall

26 be Friday, December 13, 2013. Any response shall be filed by Friday, January 3, 2014 and any reply 27 shall be filed by Monday, January 10, 2014. Hearing on Defendants motion(s) shall be on the 28 Courts regular criminal calendar on Wednesday, January 29, 2014 at a time to be set by the Court. 1
Stipulation and [Proposed] Order to Set Briefing Schedule and Exclude Time

Case 2:13-cr-00082-KJM Document 19 Filed 10/11/13 Page 2 of 2

3.

The Government has redacted discovery in light of the terms of the stipulated

2 protective order entered on August 30, 2013. Dkt. 18. The Government is processing for discovery 3 tens of thousands of pages. 4 4. Defendant will be conducting his own investigation for purposes of preparing his

5 motion to suppress. 6 5. The time between October 16, 2013 and January 29, 2014 should be excluded from

7 the computation of time under the Speedy Trial Act. The ends of justice served by granting this 8 continuance outweigh the best interest of the public and Defendant in a speedy trial. 18 U.S.C. 9 3161(h)(7)(A). In light of the facts set forth in 3-4, failure to grant this continuance would 10 unreasonably deny counsel for both sides reasonable time necessary for effective preparation, taking 11 into account the exercise of due diligence. 18 U.S.C. 3161(h)(7)(B)(iv). 12 13 Dated: October 11, 2013 14 15 Dated: October 11, 2013 16 17 18 Dated: October 11, 2013 19 20 21 SO ORDERED. 22 23 Dated: 24 25 26 27 28
Stipulation and [Proposed] Order to Set Briefing Schedule and Exclude Time

/s/ Matthew D. Segal MATTHEW D. SEGAL Assistant United States Attorney /s/ James A. Silver JAMES A. SILVER Trial Attorney

/s/ Eric J. Lindgren ERIC LINDGREN Counsel for Defendant

_______________________________ HON. KIMBERLY J. MUELLER UNITED STATES DISTRICT JUDGE