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butoft

11/13/13 9:40 PM

#111802 RE: peterminator #111771

Amen.
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Nikodemos

11/13/13 9:48 PM

#111807 RE: peterminator #111771

VERY GOOD POINTS & worthy of being repeated since this
hearing is all about proving the settlement to the judge.

Considering the parties settled the motion each brought
against the other, AND the plea was subsequently changed
to NOT GUILTY I can't see this as anything more than a
formality.



Sentencing date is merely a procedure Foley has to go through with.
He has to prove that he did settle and complete all the contingencies of the settlement offer before a judge. This is OLD NEWS.




They agreed to settle on 4/11/2013 & filed w/ court on 4/12/2013:
STIPULATION AND ORDER Converting Date for Evidentiary Hearing into a Status Hearing as to David Russell Foley re 41 Stipulation filed by USA, Terminate Deadlines as to David Russell Foley: 41 Stipulation filed by USA., Terminate Deadline s and Hearings as to David Russell Foley: 41 Stipulation filed by USA. The parties shall contact Magistrate Judge Nathanael Cousins to schedule a settlement conference. Status Conference set for 4/30/2012 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Hon. Edward J. Davila on 4/11/2012. (ecg, COURT STAFF) (Filed on 4/11/2012)








After it was settled between the parties, there was a hearing where
Foley changed his plea to Not-Guilty on October 15, 2012.
STIPULATION AND ORDER Continuing the Change of Plea Hearing From September 17, 2012 to October 15, 2012 and Excluding Time from September 17, 2012 to October 15, 2012 as to Robert Dekett re 50 Stipulation filed by USA. Change of Plea Hearing / Status Conference set for 10/15/2012 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Hon. Edward J. Davila on 9/14/2012. (ecg, COURT STAFF) (Filed on 9/14/2012)

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