Breaux v. Ornoski, et al

Filing 300

ORDER signed by Magistrate Judge Edmund F. Brennan on 06/28/16 ordering by 6/29/17, the parties shall complete all depositions of lay and expert witnesses. All pre-hearing motions shall be briefed and noticed for hearing to be held no later than 10/20/17. The evidentiary hearing shall commence on 11/06/17. (Plummer, M)

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HEATHER E. WILLIAMS, #122664
Federal Defender
BRIAN ABBINGTON, TX Bar #00790500
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]
[e-mail]
RICHARD C. NEUHOFF, #54215
11 Franklin Square
New Britain, CT 06051
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Petitioner
DAVID ANTHONY BREAUX

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ANTHONY BREAUX,

) Case No. 2:93-cv-00570-JAM-EFB (TEMP)
)
) DEATH PENALTY CASE
Petitioner,
)
)
vs.
) ORDER
)
RON DAVIS, Warden of San Quentin )
)
State Prison,
)
)
Respondent.

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On March 16, 2016, this court entered an order scheduling depositions, pre-hearing

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motions, and an evidentiary hearing. ECF No. 295. Petitioner David A. Breaux has requested

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the court adjust the schedule by ninety (90) days due to the death of Quin Denvir, who had

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represented Mr. Breaux in these proceedings since April 23, 1993. Respondent does not oppose

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the request.
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Order

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Breaux v. Davis, 2:93-cv-00570-JAM-EFB (TEMP)

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The court finds the schedule proposed by the petitioner to be appropriate and supported
by good cause. Accordingly, IT IS HEREBY ORDERED as follows:

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1. By June 29, 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 October 20, 2017. See E.D. Cal. Local Rule 230(b). The parties shall comply

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

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concerning any such motions.

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3. The evidentiary hearing shall commence on November 6, 2017.
IT IS SO ORDERED.
DATED: June 28, 2016.

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Order

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Breaux v. Davis, 2:93-cv-00570-JAM-EFB (TEMP)