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