Dade v. USA

Filing 87

ORDER. NOW THEREFORE IT IS ORDERED that: The Government's Motion for Order Finding Waiver of Attorney Client Privilege 84 is GRANTED. The Government's answer shall be filed and served no later than 5/1/2015. Movant shall serve and file a reply to the United States' answer, if any, within 30 days of service of the United States' answer. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

JOHN ERNEST DADE,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 4-09-cv-00512-BLW
4-01-cr-00196-BLW
ORDER

Pending before the Court is the Government’s Motion for Order finding
waiver of attorney client privilege and extension of time.

(ECF No. 84).

Mr.

Dade’s pending “Motion for Bail” (ECF No. 83) alleges various claims of
ineffective assistance of named counsel.

The Court finds that Mr. Dade has

waived attorney-client privilege as it relates to his ineffective assistance of counsel
claims.

The Government may conduct investigations, including interviewing Mr.

Dade’s former counsel, and reviewing his files (under the supervision of the
counsel) to the extent they contain material pertinent to Mr. Dade’s claims, in order
to fully respond to Mr. Dade’s allegations.

ORDER

In addition, the Government seeks an additional sixty days to respond to Mr.
Dade’s Motion to allow more time to investigate.

The Court has reviewed the file

and Motion and is fully informed.
Accordingly,
NOW THEREFORE IT IS ORDERED that:
1. The Government’s Motion for Order Finding Waiver of Attorney Client
Privilege (docket no. 84) is GRANTED.
2. The Government’s answer shall be filed and served no later than May 1,
2015.
3. Movant shall serve and file a reply to the United States’ answer, if any,
within 30 days of service of the United States’ answer.
IT IS FURTHER ORDERED, that the Clerk shall send copies of this Order
to counsel and to Mr. Dade at 3600 Guard Road, Lompoc, CA 93436-2705.

DATED: March 25, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER