Bolin v. Jill L. Brown, et al

Filing 303

ORDER Granting Respondent's 295 Motion for Pre-Hearing Discovery, signed by District Judge Lawrence J. O'Neill on 11/29/12. December 3, 2012 Vacated. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL C. BOLIN,
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v.

1:99-CV-05279-LJO
Petitioner, ORDER GRANTING RESPONDENT’S
MOTION FOR PRE-HEARING
DISCOVERY

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DATE: December 3, 2012, VACATED
VINCENT CULLEN, Acting Warden of San
Quentin State Prison,
COURTOOM 4

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Respondent.
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On November 16, 2012, Respondent filed a Motion for Pre-Hearing Discovery Pursuant to

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Section 1.b. of the October 9, 2012 Scheduling Order for Evidentiary Hearing. (Doc. 295.) On

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November 26, 2012, Petitioner filed a Response to Respondent’s Motion for Pre-Hearing

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Discovery. (Doc. 300.) Petitioner does not object to Respondent’s request to depose Charles

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Soria and William Cater. Nor does Petitioner object to issuance of subpoenas duces tecum to

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attorneys Soria and Cater directing that they produce any and all records, papers, documents, files

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and notes in their possession relevant to litigation of Claim C2, if any, at the time and place of

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their depositions.

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Accordingly, Respondent’s Motion for Pre-Hearing Discovery is granted. Respondent shall

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pay Petitioner’s attorney, Robert D. Bacon, for his travel expenses, subsistence expenses, and fees

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to attend the depositions of Messrs. Cater and Soria. The hearing on this matter set for December

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3, 2012, is vacated.

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IT IS SO ORDERED.

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Date: November 29, 2012

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/s/ Lawrence J. O’Neill
LAWRENCE J. O’NEILL
United States District Judge