Holt v. Brown, et al

Filing 265

ORDER Upon Stipulation Continuing Evidentiary Hearing and Modifying Scheduled dates (Doc. Nos. 261 & 264 ) signed by District Judge Dale A. Drozd on 1/10/2017: The 5/3/2017 Evidentiary Hearing is CONTINUED to 10/24/2017 at 09:00 AM in Courtr oom 5 (DAD) before District Judge Dale A. Drozd. The March 10, 2016 scheduling order is further modified to provide the following deadlines: Petitioner's expert disclosures are due March 30, 2017. Rebuttal expert disclosures are due May 8, 2017. Discovery is due July 28, 2017. Final witness lists are due August 29, 2017. Final exhibit lists are due August 29, 2017. Pre-marked exhibits are due August 29, 2017. Trial briefs are due September 22, 2017. Exhibit binders are due October 12, 2017. Closing briefs are due 90 days after evidentiary hearing. Rebuttal briefs are due 30 days after closing briefs. (Valdez, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 JOHN LEE HOLT, 10 11 Case No. 1:97-cv-06210-DAD-SAB DEATH PENALTY CASE Petitioner, v. 12 ORDER UPON STIPULATION CONTINUING EVIDENTIARY HEARING AND MODIFYING SCHEDULED DATES RON DAVIS, Warden of California State Prison at San Quentin, 13 14 (Doc. Nos. 261 & 264) Respondent.1 Continued Evidentiary Hearing: October 24, 2017 at 9:00 a.m. Courtroom 5 15 16 Before the court is the parties’ stipulation filed January 6, 2017, to continue the 17 18 evidentiary hearing and modify scheduled dates to allow additional time for petitioner’s counsel 19 to arrange for completion of Rule 26 expert disclosure. Accordingly, upon consideration of the record and the parties’ stipulation and for good 20 21 cause shown: 1. 22 The May 3, 2017 evidentiary hearing is continued to October 24, 2017, a 9:00 a.m., in Department 5, before United States District Court Judge Dale A. Drozd. 23 24 /// 25 /// 26 /// 27 28 1 Pursuant to Fed. R. Civ. P. 25(d), Ron Davis, Warden of San Quentin State Prison, is substituted as respondent in place of his predecessor wardens. 1 1 2. The March 10, 2016 scheduling order is further modified to provide the following 2 deadlines: 3 Petitioner’s expert disclosure(s): March 30, 2017. 4 Rebuttal expert disclosure(s): May 8, 2017. 5 Discovery deadline: July 28, 2017. 6 Final witness lists: August 29, 2017. 7 Final exhibit lists: August 29, 2017. 8 Pre-marked exhibits: August 29, 2017. 9 Trial briefs: September 22, 2017. 10 Exhibit binders: October 12, 2017. 11 Closing briefs: 90 days after evidentiary hearing. 12 Rebuttal briefs: 30 days after closing briefs. 13 14 15 IT IS SO ORDERED. Dated: January 10, 2017 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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