Breaux v. Ornoski, et al

Filing 257

ORDER signed by Magistrate Judge Dale A. Drozd on 2/6/2014 ORDERING that no later than 3/15/2014, the parties shall file a joint statement regarding the scope of the evidentiary hearing with respect to each remaining claim; all independant investiga tion on this case shall be completed by 6/16/2014; each party shall submit a statement listing proposed witnesses for the evidentiary hearing no later than 6/16/2014; no later than 7/16/2014, the parties shall submit a joint proposed schedule and sta tus report that includes (1) a proposed schedule for any depositions, (2) a proposed deadline for the filing of any pre-evidentiary hearing motions that either party deems appropriate, and (3) proposed dates for the in-court evidentiary hearing.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID A. BREAUX,

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Petitioner,

No. 2:93-cv-0570 JAM DAD P
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

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ORDER

Respondent.

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Petitioner is a state prisoner incarcerated under sentence of death. He is proceeding
through counsel with an application for writ of habeas corpus.
On February 5, 2014, the court held a status conference which counsel for both parties
attended. Pursuant to the court’s discussion with counsel, IT IS HEREBY ORDERED that:
1. No later than March 15, 2014, the parties shall file a joint statement regarding the

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scope of the evidentiary hearing with respect to each remaining claim. The statement shall also

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identify which claims will involve live witnesses at an in-court evidentiary hearing, which claims

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will be submitted solely on an expanded record or by way of deposition or affidavit and which

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remaining claims involve consideration of no evidence. If the parties have any disputes

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remaining after conferring and require a court ruling on any aspect of the scope of the evidentiary

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hearing, a separate motion addressing those remaining disputes, if any, shall be filed no later than

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March 29, 2014.
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2. All independent investigation in this case shall be completed by June 16, 2014.

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3. Each party shall submit a statement listing proposed witnesses for the evidentiary

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hearing no later than June 16, 2014.
4. No later than July 16, 2014, the parties shall submit a joint proposed schedule and

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status report. That proposal and report shall include: (1) a proposed schedule for any

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depositions; (2) a proposed deadline for the filing of any pre-evidentiary hearing motions that

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either party deems appropriate; and (3) proposed dates for the in-court evidentiary hearing.

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Dated: February 6, 2014

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hm
breaux0570.schedule(2.6.14)

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