Roberts v. Ayers, et al

Filing 472

ORDER signed by Magistrate Judge Dale A. Drozd on 04/12/13 ordering within 30 days of the filed date of this order, petitioner shall provide respondent's counsel with a list of all witnesses he intends to present at the evidentiary hearing in t his action. Within 30 days of receipt of petitioner's witness list, respondent shall provide petitioner with a list of respondent's witnesses, including an identification of the manner in which respondent intends to present their testimony . Thereafter, the parties shall meet and confer regarding a schedule for the taking of depositions identified. The court agrees that this out-of-court testimony should be taken by videotaped depositions. Within 21 days after respondent has provide d his witness list, the parties shall file a joint statement with the court setting out the dates for all scheduled depositions. On 12/17/13 at 1:30 p.m. in courtroom 27 the undersigned with conduct a pre-evidentiary hearing conference. The in-court portion of the evidentiary hearing will commence of 01/13/14 at 9:00 a.m. in courtroom #27 and run through 1/16/14. If necessary the evidentiary hearing will continue on 01/2214 and 1/23/14.(Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY ROBERTS, 11 Petitioner, 12 13 No. CIV S-93-0254 TLN DAD vs. DEATH PENALTY CASE WARDEN, San Quentin State Prison, 14 15 Respondent. 16 ORDER / 17 On April 12, 2013, the undersigned held a status conference in the above-entitled 18 action. Assistant Federal Defender Brian Abbington appeared for petitioner. Attorney Robert 19 Bloom appeared telephonically for petitioner. Deputy Attorney General Glenn Pruden appeared 20 for respondent. At that time, counsel informed the court that they had reached a basic agreement 21 with respect to the pre-evidentiary hearing schedule in this action. As stated at the hearing, the 22 undersigned finds the parties’ proposed schedule to be reasonable and adopts it below. 23 Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows: 24 1. Within thirty days of the filed date of this order, petitioner shall provide 25 respondent’s counsel with a list of all witnesses he intends to present at the evidentiary hearing in 26 ///// 1 1 this action. That list shall identify which witnesses’ testimony petitioner seeks to present in court 2 and which he intends to present by way of depositions in lieu of in-court testimony. 3 2. Within thirty days of receipt of petitioner’s witness list, respondent shall 4 provide petitioner with a list of respondent’s witnesses, including an identification of the manner 5 in which respondent intends to present their testimony. 6 3. Thereafter, the parties shall meet and confer regarding a schedule for the taking 7 of the depositions identified. The court agrees that this out-of-court testimony should be taken by 8 videotaped depositions. Within twenty-one days after respondent has provided his witness list, 9 the parties shall file a joint statement with the court setting out the dates for all scheduled 10 depositions. The depositions shall be scheduled so that they are completed prior to the in-court 11 evidentiary hearing. If any disputes arise regarding the taking of out-of-court testimony, the 12 parties may schedule a hearing before the court by contacting Courtroom Deputy Pete Buzo at 13 (916) 930-4128. 14 4. On December 17, 2013 at 1:30 p.m. in courtroom # 27, the undersigned will 15 conduct a pre-evidentiary hearing conference. The parties shall be prepared to exchange exhibit 16 lists, to pre-mark exhibits, and to provide, or set a date for providing, copies of pre-marked 17 exhibits to opposing counsel and to the court. 18 5. The in-court portion of the evidentiary hearing will commence on January 13, 19 2014 at 9:00 a.m. in courtroom # 27 and run through January 16, 2014. If necessary, the 20 evidentiary hearing will continue on January 22 and 23, 2014. 21 6. Any evidentiary objections to juror testimony or to exhibits made part of the 22 record, as described in the court’s order granting petitioner’s motion for an evidentiary hearing, 23 ///// 24 ///// 25 ///// 26 ///// 2 1 shall be included in the parties’ final merits briefing in this action. A schedule for that final 2 merits briefing will be set after the conclusion of the evidentiary hearing. 3 DATED: April 12, 2013. 4 5 6 7 8 roberts pre evi sts.or 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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