Opinion
BENJAMIN B. WAGNER, United States Attorney, MICHAEL D. ANDERSON, NIRAV K. DESAI, Assistant United States Attorneys, Sacramento, CA, Attorneys for Plaintiff United States of America.
MARK J. REICHEL, ESQ., Counsel for Defendant Alexander Sakhanskiy. SHARI RUSK, ESQ, Counsel for Defendant Larisa Sakhanskiy
STIPULATION AND ORDER SETTING BRIEFING SCHEDULE ON DEFENDANT ALEXANDER SAKHANSKIY'S MOTION FOR JUDGMENT OF ACQUITTAL, AND IN THE ALTERNATIVE, MOTION FOR NEW TRIAL, AND DEFENDANT LARISA SAKHANSKIY'S MOTION FOR NEW TRIAL
MORRISON C. ENGLAND, Jr., Chief District Judge.
The United States of America ("government"), through its attorneys of record, Assistant U.S. Attorneys Michael D. Anderson and Nirav K. Desai, and defendants Alexander Sakhanskiy and Larisa Sakhanskiy, through their respective attorneys, Mark Reichel, Esq. and Shari Rusk, Esq., hereby stipulate as follows:
1. On September 11, 2015, a jury returned a verdict against defendants Alexander and Larisa Sakhanskiy on the four charged offenses, one of which carries a mandatory minimum sentence of ten years of imprisonment for each defendant.
2. On the evening of September 24, 2015, defendant Alexander Sakhanskiy filed a Motion for Judgment of Acquittal, or in the Alternative, Motion for New Trial, hereinafter "Motion" (dkt. 164).
3. Defendant Larisa Sakhanskiy intends to file a motion for new trial and has requested a one-week extension to file that motion. The government does not oppose a one-week extension to file that motion for new trial, to October 1, 2015.
4. Assistant U.S. Attorney Nirav Desai, who will be preparing the government's opposition to the Motion and any forthcoming motion filed by defendant Larisa Sakhanskiy, will be out of the office and unable to work on the opposition briefs between September 25, 2015, and October 4, 2015.
5. In light of the foregoing, the parties agree to, and request that the Court approve, the following proposed briefing schedule:
a. Defendant Larisa Sakhanskiy shall file her motion for new trial no later than October 1, 2015.
b. The government's oppositions to defendant Alexander Sakhanskiy's Motion and any timely motion filed by defendant Larisa Sakhanskiy shall be filed on or before October 22, 2015.
c. The defendants' optional reply briefs shall be file on or before October 29, 2015.
c. If necessary, the Court will hear the Motion on November 5, 2015, or on another hearing date suitable to the Court's calendar.
ORDER
The Court has read and considered the stipulation of the United States of America ("government") and defendants Alexander Sakhanskiy and Larisa Sakhanskiy, and for good cause shown approves the stipulation and sets the following briefing schedule on defendant Alexander Sakhanskiy's Motion for Judgment of Acquittal, or in the Alternative, Motion for New Trial (ECF No. 164), and on defendant Larisa Sakhanskiy's forthcoming motion for new trial:
1. Defendant Larisa Sakhanskiy shall file her motion for new trial no later than October 1, 2015;
2. The government's oppositions to defendant Alexander Sakhanskiy's Motion for Judgment of Acquittal, or in the Alternative, Motion for New Trial, and defendant Larisa Sakhanskiy's forthcoming motion, shall be filed on or before October 22, 2015;
3. Defendants' reply briefs, if any, shall be filed on or before October 29, 2015.
4. A hearing on the motion is set for November 5, 2015, at 9:00a.m.
IT IS SO ORDERED.