Goodwin v. Superintendent, Five Points Correctional Facility

• Court: District Court, S.D. New York
• Decided: October 12, 2023
• Docket: 1:23-cv-06340
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------- x KEN GOODWIN, : : : ORDER REGULATING : PROCEEDINGS Plaintiff, : -against- : 23 Civ. 06340 (AKH) : : : SUPERINTENDENT, FIVE POINTS : CORRECTIONAL FACILITY : Defendants. --------------------------------------------------------------- x ALVIN K. HELLERSTEIN, U.S.D.J.: A petition reviewing the judgment of the New York Supreme Court was filed July 21, 2023. The following shall be the briefing schedule: 1. Since Petitioner’s first claim argues that his attorney failed to consult with him before withdrawing a plea of guilty, attorney-client privilege has been waived. See, e.g., Broidy v. Global Risk Advisors LLC, 2023 U.S. Dist. LEXIS 151536, at *7 (S.D.N.Y. Aug. 24, 2023); First Fed. Sav. & Loan Ass’n v. Oppenheim, Appel, Dixon & Co., 110 F.R.D. 557, 567 (S.D.N.Y. 1986). Petitioner’s attorney at that time, Murray Richman, shall by November 6, 2023, file an affidavit describing his recollection of the events recounted in the petition and supporting memorandum. The parties shall give Mr. Richman notice of the case and of his required affidavit. 2. By December 11, 2023, the People shall file its opposing papers. 3. By January 5, 2024, Petitioner shall file its reply papers. Briefing will then be closed. Substantial time having been given, these dates are non-adjournable. SO ORDERED. Dated: October 12, 2023 ________/s/ Alvin K. Hellerstein____________ New York, New York ALVIN K. HELLERSTEIN United States District Judge