Seifer v. United States of America

Filing 15

ORDER signed by Judge J.P. Stadtmueller on 2/1/2017. 14 Parties' Stipulated Motion to Amend the Briefing Schedule GRANTED. 5 Briefing Schedule MODIFIED as follows: Petitioner's Affidavits due 4/3/2017; Respondent's Answer or Mo tion due 5/3/2017; if Respondent Answers, Petitioner's Reply due 5/18/2017; if Respondent files Motion, Petitioner's Response due 5/18/2017; Respondent's Reply in Support of Motion due 5/26/2017. 13 Petitioner's Motion to Seal GRANTED. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CHRISTOPHER A. SEIFER,
Petitioner,
v.

Case No. 16-CV-1465-JPS

UNITED STATES OF AMERICA,
Respondent.

ORDER

On February 1, 2017, the government filed a stipulated motion to
amend the briefing schedule set by the Court on December 14, 2016.
(Stipulated Motion, Docket #14; Briefing Schedule, Docket #5). The
respondent’s answer was due on that day, but it had anticipated the
petitioner filing additional affidavits in support of his motion. (Docket #14 at
1-2). Those affidavits would likely have been from the petitioner himself and,
potentially, one or more of the three witnesses he claims should have been
called at trial by counsel in the underlying criminal case. Id. The motion states
that those affidavits did not materialize because the petitioner’s counsel has
fallen ill and has been hospitalized a number of times over the past month.
Id. The petitioner’s co-counsel requested that the respondent allow her
additional time to obtain and submit those affidavits, and the respondent
agreed. Id. at 2. The motion is, in effect, made by the petitioner and filed by
the respondent as a courtesy.
The Court will grant the motion. The Court will establish a deadline
for submission of the petitioner’s affidavits; he is restricted to submitting
affidavits from himself and the three witnesses identified in his motion.
(Docket #1-2 at 1-3). It will further adjust the other briefing deadlines
accordingly:

Petitioner’s Affidavits due: April 3, 2017
Respondent’s Answer or Motion due: May 3, 2017
If Respondent Answers, Petitioner’s Reply due: May 18, 2017
If Respondent Files Motion, Petitioner’s Response due: May 18, 2017
Respondent’s Reply in Support of a Motion due: May 26, 20171
The Court will also grant the petitioner’s motion to seal the affidavit of his
trial counsel in the underlying criminal case filed on January 10, 2017. (Motion
to Seal, Docket #13; Affidavit, Docket #12 and #12-1).
Accordingly,
IT IS ORDERED that the parties’ stipulated motion to amend the
briefing schedule (Docket #14) be and the same is hereby GRANTED;
IT IS FURTHER ORDERED that the briefing schedule for this matter
(Docket #5 at 2) shall be modified as described in this Order; and
IT IS FURTHER ORDERED that the petitioner’s motion to seal
(Docket #13) be and the same is hereby GRANTED.
Dated at Milwaukee, Wisconsin, this 1st day of February, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

1

The motion stated that this date should be May 18, 2017. (Docket #14 at 3). Assuming
this was a typographical error, the Court has adjusted it accordingly.

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