From Casetext: Smarter Legal Research

United States v. Clark

United States District Court, Eastern District of California
Jun 27, 2022
2:19-cr-202-JAM (E.D. Cal. Jun. 27, 2022)

Opinion

2:19-cr-202-JAM

06-27-2022

UNITED STATES AMERICA, Plaintiff, v. SEAN CLARK, Defendant

HEATHER E. WILLIAMS, HOOTAN BAIGMOHAMMADI, PHILLIP A. TALBERT EMILIA P. E. MORRIS


HEATHER E. WILLIAMS,

HOOTAN BAIGMOHAMMADI,

PHILLIP A. TALBERT

EMILIA P. E. MORRIS

UNOPPOSED REQUEST AND [PROPOSED] ORDER TO RELEASE OUT-OF-DISTRICT PSR

HON. JOHN A. MENDEZ, JUDGE:

Defendant Sean Clark, through counsel, Assistant Federal Defender, Hootan Baigmohammadi, respectfully requests the court order the United States Probation Office to disclose the presentence investigation report in Mr. Clark's underlying case from the Western District of Washington (2:16-cr-290-RAJ) to the parties. This request is made pursuant to Local Rule 460 (b), and Federal Rule of Criminal Procedure 32.1, so that the parties can adequately prepare for any revocation or disposition hearing as it pertains to the alleged supervised release violation in the instant matter.

ORDER

The Court, having received and considered Mr. Clark's unopposed request, and good cause appearing therefrom, hereby orders the United States Probation Office to disclose the presentence investigation report in Mr. Clark's underlying case from the Western District of Washington (2:16-cr-290-RAJ) to the parties.

IT IS SO ORDERED.

ORDER

The United States and the State of California having declined to intervene in this action pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B), California Government Code Section 12652, and California Insurance Code Section 1871.7, the Court rules as follows:

IT IS ORDERED that, 1. The complaint be unsealed and served upon the defendants by the relator;

2. All other contents of the Court's file in this action remain under seal and not be made public or served upon the defendants, except for this Order and The United States and the State of California's Notice of Election to Decline Intervention, which the relator will serve upon the defendants only after service of the complaint;

3. The seal be lifted as to all other matters occurring in this action after the date of this Order;

4. The parties shall serve all pleadings and motions filed in this action, including supporting memoranda, upon the United States and the Attorney General and the Insurance Commissioner on behalf of the State of California, as provided for in 31 U.S.C. § 3730(c)(3) and in California Government Code section 12652 and Insurance Code section I 87) .7. I he United States and the State of California may order any deposition transcripts and are entitled to intervene in this action, for good cause, at any time;

5. The parties shall serve all notices of appeal upon the United States and the Attorney General and the Insurance Commissioner on behalf of the State of California;

6. All orders of this Court shall be sent to the United States and the Attorney General and the Insurance Commissioner on behalf of the State of California; and

7. Should the relator or the defendants propose that this action be dismissed, settled, or otherwise discontinued, the Court will provide the United States and the Attorney General and the Insurance Commissioner on behalf of the State of California with notice and an opportunity to be heard before ruling or granting its approval.

IT IS SO ORDERED.


Summaries of

United States v. Clark

United States District Court, Eastern District of California
Jun 27, 2022
2:19-cr-202-JAM (E.D. Cal. Jun. 27, 2022)
Case details for

United States v. Clark

Case Details

Full title:UNITED STATES AMERICA, Plaintiff, v. SEAN CLARK, Defendant

Court:United States District Court, Eastern District of California

Date published: Jun 27, 2022

Citations

2:19-cr-202-JAM (E.D. Cal. Jun. 27, 2022)