Bolin v. Jill L. Brown, et al

Filing 325

STIPULATION and ORDER Granting John Lee Holt's Motion to Intervene, signed by District Judge Lawrence J. O'Neill on 2/27/13. (Verduzco, M)

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ROBERT M. MYERS, Bar #66957
Newman.Aaronson.Vanaman
14001 Ventura Boulevard
Sherman Oaks, California 91423
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
JOSEPH SCHLESINGER, Bar #87692
Acting Federal Defender
JENNIFER MANN, Bar #215737
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
Attorneys for Intervenor
JOHN LEE HOLT

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

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Respondent.
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____________________________________

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NO. 1:99-cv-05279-LJO
STIPULATION AND ORDER GRANTING
JOHN LEE HOLT’S MOTION
TO INTERVENE

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Intervenor, JOHN LEE HOLT, Petitioner, PAUL BOLIN, and Respondent, Warden KEVIN
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CHAPPELL, by and through their undersigned counsel, hereby agree and stipulate as follows:
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1.

On February 8, 2013, Mr. Holt moved to intervene in Petitioner Bolin’s case,

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pursuant to Rule 24, Federal Rules of Civil Procedure, for the limited purpose of asserting his attorney26
client privilege and work product protection during the testimony of Charles Soria, Howard Varinsky and
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Bruce Binns at the evidentiary hearing scheduled for March 18, 2013, and in any other proceeding in this
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StipO4Holt2Intervene.Bol.wpd

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case in which such assertion may be necessary. Mot. Intervene at 1 (Doc. 318).
2.

In its Order dated February 22, 2013, this Court directed the parties or Mr. Holt to

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prepare and file a stipulation and proposed order concerning Mr. Holt’s intervention by March 4, 2013.

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Doc. 322.

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3.

The parties and Intervenor agree and stipulate that Mr. Holt’s counsel should be

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permitted to intervene at the evidentiary hearing for the limited purpose of asserting Mr. Holt’s attorney-

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client privilege and work product protection during the testimony of Charles Soria, Howard Varinsky and

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Paul Strand.1

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4.

Counsel for Respondent, Deputy Attorney General Rachelle Newcomb, and counsel

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for Petitioner, Brian Abbington, have authorized the undersigned to electronically sign this stipulation on

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their behalf.

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Dated: February 26, 2013

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Respectfully submitted,

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ROBERT M. MYERS

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JOSEPH SCHLESINGER
Acting Federal Defender

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/s/ Jennifer Mann
JENNIFER M. MANN
Assistant Federal Defender

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Attorneys for Intervenor
JOHN LEE HOLT

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Dated: February 25, 2013
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JOSEPH SCHLESINGER
Acting Federal Defender

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/s/ Brian Abbington (as authorized 02/25/13)
BRIAN ABBINGTON
Assistant Federal Defender

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Attorneys for Petitioner
PAUL C. BOLIN

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Mr. Holt did not include Paul Strand in his Motion to Intervene. Respondent indicated an
intention to question trial counsel Soria and Mr. Strand about discussions between Soria and Strand in the
Holt case. Respondent’s Response to Minute Order at 4-5 (Doc. 321).
StipO4Holt2Intervene.Bol.wpd

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Dated: February 26, 2013

KAMALA HARRIS
Attorney General

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/s/ Rachelle A. Newcomb (as authorized 02/26/13)
RACHELLE A. NEWCOMB
Deputy Attorney General

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Attorneys for Respondent
KEVIN CHAPPELL

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ORDER

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By the stipulation of the parties and for good cause shown, John Lee Holt’s motion to intervene

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is GRANTED. Mr. Holt’s counsel may be present and participate at the evidentiary hearing for the limited

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purpose of asserting Mr. Holt’s attorney-client privilege and work product protection during the testimony

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of Charles Soria, Howard Varinsky and Paul Strand.

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IT IS SO ORDERED.
Dated:

February 27, 2013

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

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StipO4Holt2Intervene.Bol.wpd

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