Rausini v. United States of America

Filing 25

ORDER lifting stay.(counsel is reminded that all futher filings should be made in the criminal case only) (tf, COURT STAFF) (Filed on 11/23/2011)

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Mark R. Vermeulen [CSBN 115381]
Law Office of Mark R. Vermeulen
755 Florida Street #4
San Francisco, CA 94110.2044
Phone: [phone]
Fax: [phone]

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Attorney for Defendant
WALTER PIERRE RAUSINI

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA,
Plaintiff,
v.
WALTER PIERRE RAUSINI,
Defendant.

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No. C-05-3249 SI
STIPULATION AND [Proposed] ORDER
LIFTING STAY OF PROCEEDINGS RE:
MOTION PURSUANT TO 28 U.S.C. § 2255

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Defendant Pierre Rausini, through counsel, and Plaintiff United States of America, through
counsel, hereby stipulate as follows:
1.
involving

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motion pursuant to 28 U.S.C. § 2255 (
be stayed and held in abeyance pending the resolution of the Rule 35(b) proceedings in

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Pursuant to an earlier stipulation and order, the Court ordered that these proceedings

the related matter involving Defendant Rausini in criminal case no. CR-95-0319 (referred to hereinafter
See Stipulation and Order Staying Proceedings re: Motion Pursuant
to 28 U.S.C. § 2255 (Doc. 1682 in case no. CR-95-0319). As noted in the earlier Stipulation and Order,
the stay was without prejudice to Defendant R
proceedings at a later time, if necessary. Id. at 2:2-4.
2.

The Rule 35(b) proceedings in the district court have concluded, and a notice of appeal

has been filed.
3.

In light of the foregoing, the parties respectfully request that the Court enter an order

lifting the stay in these 2255 proceedings so that this matter may be litigated.
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4.

In the earlier Stipulation and Order, the Court reaffirmed the earlier-issued protective

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order (Doc. 1597), which directed that all documents filed or used in the 2255 proceedings which

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contain attorney-client privileged information shall be deemed confidential. The protective order further

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provided as follows:

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These documents may be used only by representatives from the Office of the
United States Attorney for the Northern District of California, and may be used
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motion pending before this Court. Disclosure of the contents of the documents
and the documents themselves may not be made to any other persons or agencies,
including any law enforcement or prosecutorial [] agencies without an order from
this Court. This order shall continue in effect after the conclusion of the instant §
2255 proceedings, and specifically shall apply in the event of a retrial of all or any

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The parties agree that this protective order (Doc. 1597) shall continue to remain in place with full
force and effect.
IT IS SO STIPULATED.
Dated: November 21, 2011

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Melinda Haag
United States Attorney

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/S/
W.S. Wilson Leung
Assistant United States Attorney

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Dated: November 21, 2011

/S/
Mark R. Vermeulen
Attorney for Defendant
WALTER PIERRE RAUSINI

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ORDER

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Based on the foregoing stipulation, and good cause appearing,

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IT IS HEREBY ORDERED that in connection with the motion filed earlier by

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Defendant/Movant Rausini pursuant to 28 U.S.C. § 2255, the previously-ordered stay is lifted.

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IT IS FURTHER ORDERED that the protective order issued earlier by the Court (Doc. 1597
in case no. CR-95-0319) shall remain in place with full force and effect.
IT IS SO ORDERED.

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Dated: November ___, 2011

______________________
Susan Illston
United States District Judge

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