[REDACTED/] ORDER GRANTING GOVERNMENT'S EMERGENCY MOTION REGARDING WAIVER OF ATTORNEY-CLIENT PRIVILEGE AND REQUEST FOR EXTENSION OF TIME TO ANSWER PETITIONER'S 28 U.S.C. § 2255 MOTION

MARSHA J. PECHMAN, District Judge.

Having reviewed the Government's Emergency Motion for an Order Regarding Defendant's Waiver of Attorney-Client Privilege and Request for Extension of Time to Answer Petitioner's 28 U.S.C. § 2255 Motion ("the Section 2255 Motion"), and based upon the reasons set forth in that Motion,

IT IS HEREBY ORDERED that Defendant-Petitioner Seth Morgan, by raising issues related to his legal representation in his Section 2255 Motion, has waived his attorney-client privilege for the purpose of litigation of that motion. Accordingly, Mr. Morgan's prior attorney, Michael Iaria, is hereby directed to participate in an interview with the government and to provide evidence related to his representation of Mr. Morgan, including efforts and otherwise privileged legal conversations with Mr. Morgan, by way of affidavit, testimony, or in any other form. Mr. Iaria is also directed to produce to the government documents and records related to his representation of Mr. Morgan that relate to the allegations set forth in Mr. Morgan's Section 2255 Motion.

IT IS FURTHER ORDERED that, absent further orders from this Court, the evidence provided pursuant to this Order shall be used solely for the purpose of litigating Mr. Morgan's Section 2255 Motion and shall not be admissible against Mr. Morgan in any other proceeding. This Order shall remain in effect even after the Court has ruled on the Section 2255 Motion. Both parties retain the right to apply to the Court for modification of this Order.

IT IS FURTHER ORDERED that the government shall file its answer to Mr. Morgan's Section 2255 Motion within forty-five days after the entry of this Order.

IT IS SO ORDERED.