STIP. AND [PROPOSED] ORDER

CR 08-00164 RS

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

MELINDA HAAG (CABN 132612)

United States Attorney

DAVID R. CALLAWAY (CABN 121782)

Chief, Criminal Division

KYLE F. WALDINGER (CABN 298752)

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, California 94102-3495

Telephone: (415) 436-6830

Facsimile: (415) 436-7234

E-mail: kyle.waldinger@usdoj.gov

ALLAN GORDUS (MOBN 48210)

Trial Attorney

DOJ Consumer Protection Branch

Liberty Square Building

450 5th Street, NW, Sixth Floor South

Washington, D.C. 20001

Telephone: (202) 307-1862

Facsimile: (202) 514-8742

E-mail: allan.gordus@usdoj.gov

Attorneys for United States of America

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff-Respondent,

v.

W. SCOTT HARKONEN,

Defendant-Petitioner.

)

)

)

)

)

)

)

)

)

)

)

No. CR 08-00164 RS

STIPULATION AND [PROPOSED]

ORDER AMENDING BRIEFING

SCHEDULE

The United States, by and through its counsel Assistant United States Attorney Kyle F.

Waldinger and U.S. Department of Justice Trial Attorney Allan Gordus, and the defendantpetitioner W. Scott Harkonen, by and through his counsel Dennis P. Riordan, stipulate and agree 

as follows:

1. On July 30, 2014, W. Scott Harkonen filed a Petition for Writ of Error Coram 

Case 3:08-cr-00164-RS Document 412 Filed 01/16/15 Page 1 of 3
STIP. AND [PROPOSED] ORDER

CR 08-00164 RS 2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Nobis under 28 U.S.C. § 1651(a) seeking an order vacating his conviction. Doc. 399. The 

Petition was subsequently assigned to the Honorable Richard Seeborg. Doc. 403.

2. On August 14, 2014, the Court issued an order directing the United States to show 

cause as to why the Petition should not be granted. The Court ordered the United States to file its 

response by September 15, 2014.

3. On August 27, 2014, based on a stipulation of the parties, the Court amended the 

briefing schedule to allow the United States to file any opposition seeking dismissal or denial of 

the Petition on December 12, 2014, and for the Defendant-Petitioner to file his reply on January 

30, 2015. CR 406. On December 2, 2014, based on another stipulation of the parties, the Court 

again amended the briefing schedule to allow the United States to file any opposition seeking 

dismissal or denial of the Petition on January 23, 2015, and for the Defendant-Petitioner to file his 

reply on February 27, 2015. CR 410.

4. Since August, counsel for the United States has been working on the United States’ 

opposition. However, because of work on other matters and the number of issues raised in the 

Petition, the United States needs additional time to complete a thorough response to the Petition.

5. Accordingly, after conferring, the parties now jointly stipulate and agree to the

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

Case 3:08-cr-00164-RS Document 412 Filed 01/16/15 Page 2 of 3
STIP. AND [PROPOSED] ORDER

CR 08-00164 RS 3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

following amended briefing schedule:

February 6, 2015 Government to file any opposition seeking dismissal or 

denial of the Petition

March 13, 2015 Defendant-Petitioner to file any reply

SO STIPULATED.

Dated: January 16, 2015 MELINDA HAAG

United States Attorney

/s/

KYLE F. WALDINGER

Assistant United States Attorney

ALLAN GORDUS

Trial Attorney

Dated: January 16, 2015 /s/

DENNIS P. RIORDAN

Attorney for W. SCOTT HARKONEN

IT IS SO ORDERED.

Dated: _________________________

HON. RICHARD SEEBORG

United States District Court Judge

1/16/2015

Case 3:08-cr-00164-RS Document 412 Filed 01/16/15 Page 3 of 3