Breaux v. Ornoski, et al

Filing 325

ORDER signed by Magistrate Judge Deborah Barnes on 10/02/19 VACATING the 12/09/19 evidentiary hearing. The pre-evidentiary hearing dates set out in the courts May 1, 2019 order are vacated. By February 25, 2020, the parties shall file a joint propos ed schedule for the following: (a) filing and exchanging final witness lists and exhibit lists; (b) meeting and conferring regarding any possible stipulations to exhibits and foundations to exhibits; (c) filing any stipulations regarding exhibits and foundations to exhibits; and (d) filing any pre-hearing motions. Thereafter, the court will set a new date for the evidentiary hearing.(Plummer, M)

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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,

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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The parties have jointly requested a continuation of the evidentiary hearing currently set to

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begin on December 9, 2019 and amendment of the pre-evidentiary hearing scheduling order.

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(ECF No. 324.) They seek permission to propose a new evidentiary hearing schedule by

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February 25, 2020.

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Good cause appearing, the parties’ request (ECF No. 324) is granted and IT IS HEREBY
ORDERED that:

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1. The evidentiary hearing currently scheduled to begin on December 9, 2019 is vacated;

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2. The pre-evidentiary hearing dates set out in the court’s May 1, 2019 order are vacated;

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3. By February 25, 2020, the parties shall file a joint proposed schedule for the

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following: (a) filing and exchanging final witness lists and exhibit lists; (b) meeting

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and conferring regarding any possible stipulations to exhibits and foundations to

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exhibits; (c) filing any stipulations regarding exhibits and foundations to exhibits; and
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(d) filing any pre-hearing motions. Thereafter, the court will set a new date for the

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evidentiary hearing.

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Dated: October 2, 2019

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

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