UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
August 23, 2011
UNITED STATES OF AMERICA PLAINTIFF,
BOUNSOU VORASANE, KAY VIENGKHAM, DEFENDANTS.
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
ORDER FROM EX PARTE, IN CAMERA REVIEW
The Court has received (Ex Parte) and reviewed (In Camera) the Court Order dated May 26, 2011 from Fresno County Superior Court Judge Jonathan Conklin concerning documents that he had ordered sealed. A review of the Order makes it clear that:
1. documents were ordered sealed at the outset of the case;
2. there is no indication that there was a subsequent unsealing order;
3. the Order does nothing more than to allow the Assistant U.S. Attorney to follow any Order the Federal Court deems proper to issue concerning disclosure. In sum, the issue which has been raised orally and on-the-record by Defense Counsel for Defendant Vorasane is appropriately determined in a timely-filed and legally-sound formal motion. The Court has already provided all counsel with such dates at the hearing on August 12, 2011 as follows:
Motion to be filed no later than September 9, 2011; Response due no later than September 30, 2011; Hearing date is set for October 7, 2011 at 10:30 a.m.
IT IS SO ORDERED.
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