Opinion
MELINDA HAAG, United States Attorney, DAVID R. CALLAWAY, Chief, Criminal Division, ADAM WRIGHT, Assistant United States Attorney, San Francisco, California, Attorneys for the United States of America.
PAUL ALAGA, Attorney for Pong Lin Lui.
STIPULATION AND [ ] ORDER CHANGING DATE FOR STATUS HEARING AND SETTING BRIEFING SCHEDULE
RONALD M. WHYTE, District Judge.
This matter is currently set for a status hearing on August 31, 2015. Counsel for the petitioner, Pong Lin Lui, represented by Paul Alaga, Esq., and the government, represented by Adam Wright, Assistant United States Attorney, appeared before the Court on June 1, 2015. At that time, the parties represented that they were working towards a resolution of the 2255 petition, and hoped to have this resolution completed by July 6, 2015. The parties subsequently requested that the hearing be moved to July 27, 2015, which was continued through a clerk's notice at the request of the parties.
The government appeared before the Court on July 27, 2015 to provide an update regarding the matter. The government explained that the parties were close to reaching a resolution, but that approval had not yet been provided to finalize the resolution. The government expects that this process will be complete within four week weeks. As a result, the parties respectfully request to move the status hearing to September 28, 2015.
Although the parties expect that a resolution will be completed by late September, the parties want this matter to move forward. If a resolution is not reached by the status date in late September, the parties also request that a briefing schedule be established regarding the petitioner's Amended Motion to Vacate, Set Aside, or Correct Conviction and Sentence (Docket No. 578). The parties request that the government's response to this motion be due on October 26, 2015, which would be 30 days after the next status date. The petitioner's reply would be due on November 23, 2015.
SO STIPULATED.
[] ORDER
The Court hereby changes the status hearing scheduled from August 31, 2015 to September 28, 2015 at 9:00 a.m.
The Court further requires that, should the parties not reach a resolution, the government's response to the petitioner's Amended Motion to Vacate, Set Aside, or Correct Conviction and Sentence (Docket No. 578) would be due no later than October 26, 2015. The petitioner's response would be due no later than November 23, 2015.
IT IS SO ORDERED.