Breaux v. Ornoski, et al

Filing 313

ORDER signed by Magistrate Judge Deborah Barnes on 1/9/2019 REMOVING the evidentiary hearing set to commence 4/1/2019 from the court's calendar; ORDERING Petitioner's counsel to contact CRD and opposing counsel to determine new dates for t he evidentiary hearing, within 20 days of the date of this order; ORDERING after the evidentiary hearing is set, Petitioner's counsel to confer with Respondent's counsel to propose a schedule for the remaining pre-evidentiary hearing matters; and ORDERING the parties to file a joint proposed schedule for these remaining pre-evidentiary hearing matters by 2/28/2019. (Henshaw, R)

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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 DB
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

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ORDER

Respondent.

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In an order filed July 26, 2017, the court set out a pre-evidentiary hearing and evidentiary

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hearing schedule. (ECF No. 304.) The evidentiary hearing is currently scheduled to commence

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on April 1, 2019. It has come to the court’s attention that neither party has filed a final witness

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list with the court. Those lists were due on December 31, 2018. (Id. at 2.) However, due to

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conflicts in the court’s calendar, the court must reschedule the evidentiary hearing.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. The evidentiary hearing set to commence April 1, 2019 is removed from the court’s
calendar.

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2. Within twenty days of the date of this order, petitioner’s counsel shall contact

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Courtroom Deputy Pete Buzo at [phone] and opposing counsel to determine

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new dates for the evidentiary hearing.

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3. After an evidentiary hearing date is set, petitioner’s counsel shall confer with

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respondent’s counsel to propose a schedule for the remaining pre-evidentiary hearing

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matters, including: (a) filing final witness lists, (b) filing exhibit lists, (c) meeting

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regarding any possible stipulations, and (d) filing any pre-hearing motions.

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4. By February 28, 2019, the parties shall file a joint proposed schedule for these

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remaining pre-evidentiary hearing matters.
Dated: January 9, 2019

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DLB:9
DLB1/orders.capital/breaux evi hrg eot.or

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