Souliotes v. Tilton

Filing 126

STIPULATION and ORDER signed by Magistrate Judge Michael J. Seng on 1/21/2012. (Yu, L)

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JIMMY S. MCBIRNEY (STATE BAR NO. 259830)
MEGAN CRANE (STATE BAR NO. 269321)
SHANNON LEONG (STATE BAR NO. 268612)
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669
Telephone:
[phone]
Facsimile:
[phone]
THOMAS S. MCCONVILLE (STATE BAR NO. 155905)
ORRICK, HERRINGTON & SUTCLIFFE LLP
2050 Main St., Suite #1100
Irvine, CA 92614
Telephone:
[phone]
Facsimile:
[phone]

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LINDA STARR (STATE BAR NO. 118789)
CHARLES PRESS (STATE BAR NO. 164190)
MAITREYA BADAMI (STATE BAR NO. 173241)
NORTHERN CALIFORNIA INNOCENCE PROJECT at
SANTA CLARA UNIVERSITY SCHOOL OF LAW
900 Lafayette Street, Suite 105
Santa Clara, CA 95050
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Petitioner
GEORGE A. SOULIOTES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE A. SOULIOTES,

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Case No. 1:06-CV-00667-OWW-MJS
(HC)

Petitioner,
STIPULATIONS AND ORDER

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v.
ANTHONY HEDGPETH, Warden, Salinas
Valley State Prison, et al.,

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Respondents.
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STIPULATIONS AND [PROPOSED] ORDER
CASE NO. 1:06-CV-00667-OWW-MJS (HC)
OHSWEST:261513384.1

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WHEREAS, the Court’s Pre-Hearing Order of January 10, 2012 instructed the parties to

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submit stipulations regarding evidence and exhibits;
WHEREAS, the parties seek to comply with the Court’s Order, minimize disputes and

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uncertainty, and avoid the need for unnecessary authentication witnesses at the evidentiary

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hearing set to begin on January 24, 2012;

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NOW THEREFORE, the parties stipulate that:

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1.

The exhibits contained on the parties Joint Exhibit List, marked J-I through
J-XLIX, shall be deemed admitted into evidence for all purposes.

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2.

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The parties stipulate to the authenticity of the exhibits contained on Petitioner’s

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Exhibit List, marked P-1 through P-12, and Respondent’s Exhibit List, marked

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R-1 through R-7. The parties further stipulate that these exhibits shall not be

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objected to on the grounds that they did not appear on the parties’ January 4, 2012

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Joint Pretrial Statement. The parties expressly reserve their respective rights to

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object to the admissibility of these exhibits on any other grounds.
3.

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The parties may cite freely to the trial record, which has previously been lodged

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with the Court pursuant to Respondent’s unopposed October 28, 2011 Request for

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Expansion of the Record, throughout the evidentiary hearing.
4.

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The parties may cite freely to all deposition testimony of any deponent that will

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testify live at the evidentiary hearing, so long as the original certified transcript of

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the deposition has been lodged with the Court pursuant to the Pre-Hearing Order.

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-1OHSWEST:261513384.1

STIPULATIONS AND [PROPOSED] ORDER
CASE NO. 1:06-CV-00667-OWW-MJS (HC)

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5.

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All experts designated by the parties as expert witnesses on their respective

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December 1, 2011 expert witness disclosures are deemed qualified to give expert

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testimony regarding the subject matter addressed in their reports. The parties

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reserve the right to examine all experts regarding specific qualifications listed or

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omitted from their respective reports, and to challenge their competence and

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reliability in providing any offered opinion. Such challenges shall go to the

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weight, but not the admissibility, of the expert’s testimony.

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SO STIPULATED.

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Dated:

January 20, 2012

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Respectfully submitted,
ORRICK, HERRINGTON & SUTCLIFFE LLP
NORTHERN CALIFORNIA INNOCENCE PROJECT

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By:

/s/ Jimmy S. McBirney
JIMMY S. MCBIRNEY
Attorneys for Petitioner George A. Souliotes

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Dated:

January 20, 2012

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KAMALA D. HARRIS
Attorney General of California

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By:

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/s/ Kathleen A. McKenna
KATHLEEN A. MCKENNA
Supervising Deputy Attorney General
Attorneys for Respondent

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ORDER

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IT IS SO ORDERED.

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Dated:

January 21, 2012

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/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Sig nature-END:

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ci4d6
-2OHSWEST:261513384.1

STIPULATIONS AND [PROPOSED] ORDER
CASE NO. 1:06-CV-00667-OWW-MJS (HC)