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United States v. Hayes

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 30, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TERRY HAYES, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Oliver W. Wanger

EX PARTE APPLICATION FOR ORDER FOR REVIEW BY COUNSEL OF DOCUMENTS FILED UNDER SEAL; ORDER Date: Time:

Counsel for Defendant Terry Hayes hereby makes ex parte application for an order that he be allowed to review the documents filed in this proceeding on July 22, 2008, under seal, as evidenced by docket entries numbered 66, 67 and 68. Defendant lodged an expert report which was the subject of a motion in limine filed by the government. The expert report lodged by defendant was not docketed, however, the government has stated it "believes" it filed the report under seal, which would be docket entries numbered 66, 67 and 68. Defendant would like to review docket entries numbered 66, 67 and 68 to ascertain whether the expert report was filed with the court for its consideration, and if so, whether it is the entire report.

Dated: January 30, 2009 Respectfully submitted, DANIEL J. BRODERICK Federal Defender Marc Days MARC DAYS Assistant Federal Defender Attorney for Defendant TERRY HAYES

ORDER IT IS SO ORDERED. Defendant's counsel, Assistant Federal Defender Marc Days, or his representative, is hereby authorized to review the documents filed on July 22, 2008, under seal in the above-referenced proceedings as evidenced by docket entries numbered 66, 67 and 68. Save and except as herein ordered, all remaining documents filed under seal in this matter shall not be subject to review shall remain sealed and shall not be subject to review pending further order of the court.

OLIVER W. WANGER, Senior Judge United States District Court

20090130

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