Opinion
No. CR S-97-0381 FCD GGH
08-02-2011
UNITED STATES OF AMERICA, Plaintiff, v. BRYAN JAMES EPIS, Defendant.
JOHN BALAZS Attorney for Defendant BENJAMIN B. WAGNER United States Attorney SAMUEL WONG Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
SAMUEL WONG
Assistant U.S. Attorney
STIPULATION AND ORDER
EXTENDING TIME FOR THE UNITED
STATES TO RESPOND TO
DEFENDANT'S 28 U.S.C. § 2255 MOTION
Court: Hon. Gregory Hollows
Whereas, the Court has previously ordered that the United States shall file a response to defendant Bryan James Epis' motion filed under 28 U.S.C. § 2255 by July 15, 2011;
Whereas, the United States Attorney's litigation file and materials in this case are extremely voluminous and encompass over 24 linear feet of file space in this litigation that spans approximately fourteen years;
Whereas, the United States desires an additional extension of time to respond to Epis' § 2255 motion as the issues raised in his motion are complex and require much legal and factual research and investigation to prepare the United States' response,
It is hereby stipulated and agreed, by and between the parties, through their respective counsel, that:
1. The United States shall have until August 15, 2011, to file its response to the non-ineffective assistance of counsel related claims contained in Epis' § 2255 motion.
2. With respect to Epis' ineffective assistance of counsel claims contained in his § 2255 motion, Epis has waived the attorney-client privilege with respect to matters in which he claims that his attorney was ineffective.
3. The Court shall grant the United States leave of Court to take discovery, pursuant to § 2255 Rules, Rule 6, on the issues relating to Epis' allegations that his trial counsel was ineffective.
4. The due date for the United States' response to defendant Epis' ineffective assistance of counsel claims contained in his § 2255 motion shall be thirty days after the completion of discovery and/or receipt of all deposition transcripts, whichever is later; both parties reserve the right to seek a modification of this stipulation to the extent that discovery disputes arise.
5. Epis shall have thirty days after the filing of the United States' final response to Epis' § 2255 motion, to file his reply, if any, in support of his motion.
JOHN BALAZS
Attorney for Defendant
Bryan James Epis
(per email authorization)
BENJAMIN B. WAGNER
United States Attorney
SAMUEL WONG
Assistant U.S. Attorney
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order.
IT IS SO ORDERED.
GREGORY G. HOLLOWS
United States Magistrate Judge