Mutschler v. United States of America

Filing 24

ORDER Declaring Petitioner's Attorney-Client Privilege Waived as to Issues Raised in his Amended Motion under 28 U.S.C. § 2255 re Respondent's 20 Second Motion for Protective Order. Signed by Judge Thomas S. Zilly. (TH)

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The Honorable Thomas S. Zilly

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RICHARD THAYNE MUTSCHLER,
Plaintiff,

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v.

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UNITED STATES OF AMERICA,
Defendant.

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NO. CV16-00281 TSZ
ORDER DECLARING
PETITIONER’S ATTORNEYCLIENT PRIVILEGE WAIVED AS
TO ISSUES RAISED IN HIS
AMENDED MOTION UNDER 28
U.S.C. § 2255

The Government’s unopposed Second Motion for Order Declaring Petitioner’s
Attorney-Client Privilege Waived as to Issues Raised in His Amended Motion under
28 U.S.C. § 2255, docket no. 20, is GRANTED; and IT IS HEREBY ORDERED that
Defendant-Petitioner Richard Thayne Mutschler, by raising issues related to his legal
representation in his § 2255 Motion, has waived his attorney-client privilege and work
product doctrine protections for the purpose of litigation of that motion. Mr. Mutschler
has waived the attorney-client privilege and work product doctrine with regard to
documents, communications, lack of communications, information, and materials, related
to:

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Order - 1
Mutschler v. United States, CV16-00281 TSZ

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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1. Any deals, agreements, or understandings, whether written or verbal, in final or

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draft form, discussed or reached with the United States Attorneys’ Office

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related to Mr. Mutschler’s case;

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2. Any restitution that might have been ordered or that might have resulted from
Mr. Mutschler’s case;
3. Any information regarding Mr. Mutschler’s decision to plead guilty or go to
trial;

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4. Any evidence or materials developed through any investigation conducted by

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Mr. Mutschler or his attorneys or produced by the government in Mr.

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Mutschler’s case, including whether Mr. Mutschler had or could have had

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access to those materials;

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5. Any information regarding who represented Mr. Mutschler in his case and who
provided him legal advice; and
6. Any filings, objections, or representations made or not made to the United
States Attorneys’ Office or the Court.
Accordingly, Mr. Mutschler’s prior attorneys, including but not limited to

17 J. Gregory Lockwood and any current or former attorneys at Liberty Bell Law Group
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19 Government related to their representation of Mr. Mutschler, including otherwise
20 privileged legal communications, and to provide the Government reasonable assistance in
21 preparing affidavits or declarations regarding such information. Trial counsel is also
22 directed to produce to the Government documents and records related to the allegations
23 set forth in Mr. Mutschler’s Section 2255 Motion.
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IT IS FURTHER ORDERED that, absent further orders from this Court, the

25 evidence provided pursuant to this Order shall be used solely for the purpose of litigating
26 Mr. Mutschler’s Section 2255 Motion and shall not be admissible against Mr. Mutschler
27 in any other proceeding. This Order shall remain in effect even after the Court has ruled
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Order - 2
Mutschler v. United States, CV16-00281 TSZ

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

1 on the Section 2255 Motion. Both parties retain the right to apply to the Court for
2 modification of this Order.
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IT IS SO ORDERED.

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DATED this 25th of August, 2017.

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A

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Thomas S. Zilly
United States District Judge

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11 Presented by:
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/s/ Nicholas Manheim
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15 Assistant United States Attorney
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Order - 3
Mutschler v. United States, CV16-00281 TSZ

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]