Breaux v. Ornoski, et al

Filing 295

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/16/2016 ORDERING the parties shall complete all depositions of lay and expert witnesses by 3/31/2017. All pre-hearing motions shall be briefed and noticed for hearing to be held no later than 7/22/2017. The evidentiary hearing shall commence on 8/7/2017.(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 ANTHONY BREAUX,

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Petitioner,

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No. 2:93-cv-0570-JAM-EFB (TEMP)
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

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ORDER

Respondent.

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In an August 2015 joint statement, the parties identified the evidentiary hearing claims

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which require live testimony, the claims which will be submitted solely on an expanded record,

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and the outstanding claims which will not require unique fact finding. ECF No. 284. The parties

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also tentatively identified witnesses to provide live testimony at the evidentiary hearing. The

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parties have now proposed a schedule for depositions, pre-hearing motions, and the evidentiary

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hearing. ECF No. 294.
The court finds the schedule proposed by the parties to be appropriate and supported by

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good cause. Accordingly, IT IS HEREBY ORDERED as follows:
1. By March 31, 2017, the parties shall complete all depositions of lay and expert

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witnesses.

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2. All pre-hearing motions shall be briefed and noticed for hearing to be held no later

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than July 22, 2017. See E.D. Cal. Local Rule 230(b). The parties shall comply with

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Local Rule 230(c) and (d) for the filing of any opposition and reply briefs concerning

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any such motions.

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3. The evidentiary hearing shall commence on August 7, 2017.
DATED: March 16, 2016.

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