Opinion
[PROPOSED] ORDER
WILLIAM B. SHUBB, District Judge.
In his Amended Motion for New Trial pursuant to Federal Rule of Criminal Procedure 33, (Docket No. 373), defendant Andrew Katakis argues, inter alia, that his trial counsel, Paul Pfingst, provided ineffective assistance of counsel. The court has set an evidentiary hearing on this issue for February 9, 2016.
In connection with that hearing, the government may request from the court a subpoena pursuant to Federal Rule of Criminal Procedure 17(c). The government shall draft the subpoena consistent with the attorney-client privilege waiver order that was issued on December 21, 2015. (Docket No. 410). The subpoena shall require the requested items to be returned to the court by January 15, 2016.
The parties shall meet and confer regarding the draft subpoena language. By December 28, 2015, the parties shall either submit the draft subpoena or inform the court of any issues that need to be resolved.
IT IS SO ORDERED.