United States District Court, D. Nevada
R. STOLWORTHY, ESQ. Nevada Bar No. 2798 CONOR P. FLYNN, ESQ.
Nevada Bar No. 11569 ARMSTRONG TEASDALE LLP ATTORNEYS FOR
DEFENDANT ROBERT KINCADE
STIPULATION AND ORDER TO CONTINUE CALENDAR CALL AND
TRIAL DATE AS TO COUNT ONE OF THE SUPERSEDING INDICTMENT ONLY
AND TO RESET PRE-TRIAL MOTION DEADLINE [EIGHTH
HEREBY STIPULATED AND AGREED, by and between Alexandra
Michael, Assistant United States Attorney, counsel for the
United States of America, and Robert Kincade, and his counsel
Kevin R. Stolworthy, that the calendar call currently
scheduled for March 20, 2017 at the hour of 1:30 p.m. and the
trial currently scheduled for March 28, 2017 at the hour of
9:00 a.m. as to Count One of the Superseding Indictment, be
vacated and set to a date and time convenient to this Court
approximately (120) days from the currently scheduled
deadlines. The Parties further agree that the pre-trial
motion deadline as to County One of the Third Superseding
Indictment, which technically expired on December 28, 2016,
shall be reset to (45) days from the date of entry of the
Order approving this Stipulation. This Stipulation is entered
into for the following reasons:
January 5, 2017, Kevin Stolworthy, Esq. was appointed as
counsel of record for Mr. Kincade with respect to Count One
only of the Third Superseding Indictment in this case. ECF
Count One pertains to an alleged September 12, 2011 robbery
of a City National Bank in Las Vegas, Nevada.
Kincade is currently being represented by Kathleen Bliss,
Esq, on the remaining Counts contained in the Superseding
Count One has been severed from the remaining Counts
contained in the Third Superseding Indictment, and trial is
currently scheduled for Count One only on March 28, 2017 at
9:00 a.m. ECF No. 214.
Trial is scheduled on the remaining Counts on February 28,
2017 at 9:00 a.m. ECF No. 165.
Mr. Stolworthy was just recently appointed in this case, the
file from former counsel Todd Leventhal, Esq. was just turned
Stolworthy has not had the opportunity yet to closely examine
the file, and evaluate the need to retain professionals, such
as an investigator, and whether pre-trial motions need to be
filed in this case.
Parties have agreed to reset the pre-trial motion deadline as
to Count One of the Third Superseding Indictment to 45 days
from the date of entry of the Order approving this
the hearing on January 5, 2017, it was discussed on the
record that the current trial date would need to be continued
as to Count One, the Defendant was made aware of the need for
a continuance, and the Government's counsel stated no
opposition to the continuance. ECF No. 243.
additional time requested does not impact the trial setting
as to Counts Two and Three of the Third Superseding
additional time requested will enable counsel to become
familiar with the file and evaluate a defense for Kincade as
to Count One of the Third Superseding Indictment.
Denial of this request for continuance would deny counsel for
the Defendant sufficient time to effectively and thoroughly
complete trial preparations, ...