McPeters v. Brown, et al

Filing 294

ORDER Continuing Evidentiary Hearing and Modifying Schedule for Pre-Hearing Events. Evidentiary Hearing currently set for 6/9/2015 is moved to 9/10/2015 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone, signed by Magistrate Judge Stanley A. Boone on 2/24/2015. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONALD AVERY McPETERS,

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Petitioner,
v.
KEVIN CHAPPELL, Warden of San Quentin
California State Prison,

Case No. 1:95-cv-05108-LJO-SAB
DEATH PENALTY CASE
ORDER CONTINUING EVIDENTIARY
HEARING AND MODIFYING SCHEDULE
FOR PRE-HEARING EVENTS
Continued Hearing:

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Respondent.
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Date: September 10, 2015
Time: 9:00 a.m.
Courtroom: 9
Judge: Stanley A. Boone

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This matter is before the Court on the parties’ February 20, 2015 joint request to modify

27 the Court’s January 16, 2015 order which set a continued evidentiary hearing date of June 9,
28 2015 and provided direction and scheduling for pre-hearing events.
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For good cause shown, it is HEREBY ORDERED that:

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1.

The Court’s January 16, 2015 order (ECF No. 292) is modified as follows:

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a.

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The evidentiary hearing set for June 9, 2015 at 9:00 a.m. in

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Department 9 is continued to September 10, 2015 at 9:00 a.m. in

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Department 9;

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b.

The deadline for the parties to provide Rule 26(a)(2) expert

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testimony and reports, and lay witness lists, and to request
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Petitioner’s attendance at hearing is continued from February 27,

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2015 to May 28, 2015;
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c.

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The deadline for disclosure of rebuttal expert witness testimony

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and related reports, and filing of discovery motions is continued

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from April 24, 2015 to July 23, 2015;

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d.

The deadline for the parties to serve the final witness and exhibit

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lists pursuant to Rule 26(a)(3), and to file copies of exhibits not
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previously filed in this matter is continued from May 22, 2015 to
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August 21, 2015;
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e.

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The deadline for the parties to deliver exhibit binders is continued
from May 29, 2015 to August 28, 2015; and

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f.

The deadline for filing in limine motions, supplemental joint pre-

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hearing statement and proposed findings of fact and conclusions of
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law is continued from June 2, 2015 to September 3, 2015.
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2.

In all other regards the January 16, 2015 order shall continue in full force and
effect.

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3.

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The parties shall, by not later than May 15, 2015, file in this proceeding a joint

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status report regarding the anticipated state habeas petition (competency to be

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executed) referenced in their February 20, 2015 joint request (ECF No. 293),

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including concurrence(s) therein and stipulation(s) thereunder.

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IT IS SO ORDERED.

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February 24, 2015
UNITED STATES MAGISTRATE JUDGE

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