Hawkins v. Wong

Filing 280

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 6/23/2020 ADOPTING the parties' stipulation in its entirety. The court order scheduling the evidentiary hearing and preceding discovery schedule is MODIFIED as follows: The 10 /26/2020 Evidentiary Hearing is reset for 8/23/2021 at 09:30 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; the 9/23/2020 Status Conference is reset for 7/21/2021 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; Discovery is now due on 5/24/2021; and the deadline for submission of a pre-hearing joint statement is now due on 6/24/2021. (Yin, K)

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HEATHER E. WILLIAMS, State Bar No. 122664
Federal Defender
DAVID HARSHAW, KY State Bar No. 86435
Assistant Federal Defender
KARL SADDLEMIRE, State Bar No. 275856
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Petitioner

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
SEAN M.MCCOY, State Bar No. 182516
Deputy Attorney General
PETER H. SMITH, State Bar No. 138957
Deputy Attorney General
DARREN K. INDERMILL, State Bar No. 252122
Supervising Deputy Attorney General
ROSS K. NAUGHTON, State Bar No. 254926
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Respondent

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY JAY HAWKINS,

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Petitioner,
v.
RON BROOMFIELD, Acting Warden
of the California State Prison at San
Quentin,

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Respondent.

Stipulation to Modify Order Scheduling the Evidentiary Hearing

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No. 2:96-cv-1155-TLN-EFB
DEATH PENALTY CASE
STIPULATION AND [PROPOSED] ORDER
TO MODIFY ORDER SCHEDULING THE
EVIDENTIARY HEARING

Hawkins v. Davis, Case No. 2:96-cv-1155-TLN-EFB

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Petitioner Jeffrey Jay Hawkins and Respondent Warden Ron Broomfield hereby agree to

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postpone the evidentiary hearing, and the preceding discovery schedule, for slightly less than one

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year due to several difficulties presented by the COVID pandemic.

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The COVID pandemic—and concomitant shutdown of much of the nation—is without

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parallel. The Governor of California declared a state of emergency on March 4, 2020; President

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Donald Trump declared a state of emergency for the country as a whole on March 13, 2020. The

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courts, and the American economy, have been largely shut down for months. With the recent

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slackening of many states’ stay-at-home orders, new cases are now rising in 21 states, including

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California. Coronavirus in the U.S.: Latest Map and Case Count, The New York Times (June

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17, 2020), https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html. To date,

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there have been 116,140 total deaths. Cases in the United States, Centers for Disease Control and

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Prevention (June 17, 2020), https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-

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us.html.

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Despite months of teleworking by both Petitioner and Respondent, the COVID-crisis has

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interfered with counsels’ ability to engage in discovery and to effectively prepare for the

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evidentiary hearing. The pandemic has prevented counsel from conducting in-person interviews.

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Many key witnesses—including trial counsel William Lyons and Michael Brady, to be deposed

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in discovery—are over the age of 65, and therefore are among COVID’s vulnerable populations.

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Accordingly, investigation and planned depositions have been suspended. Moreover, normal

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prison visitation has been canceled state-wide, and COVID-19 cases are now rising at San

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Quentin. Thus, no experts can even begin to evaluate Petitioner for the foreseeable future.

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After discussion, the parties have agreed to postpone the evidentiary hearing and the final

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status conference by ten months. The Court has supplied a new date for the evidentiary hearing,

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and also recommended a convenient time for the final status conference. Pursuant to the Court’s

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guidance, the parties hereby jointly request that the Court begin the evidentiary hearing on

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August 23, 2021. The parties hereby jointly request that the Court hold the final status

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conference on July 21, 2021.

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Stipulation to Modify Order Scheduling the Evidentiary Hearing

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Hawkins v. Davis, Case No. 2:96-cv-1155-TLN-EFB

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The parties have also agreed to postpone the close of discovery and the submission of

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their pre-hearing joint statement by eleven months. On August 9, 2019, the Court entered an

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Order modifying its original June 19, 2019 Order scheduling the evidentiary hearing. ECF 275

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(modifying Order); ECF 273 (original scheduling Order). Thereby, the Court delayed the

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previously scheduled evidentiary hearing and the final status conference by one month; it did

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not, however, also similarly postpone the original close of discovery date and the deadline for

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submission of the pre-hearing joint statement by one additional month. ECF 275. The parties

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have agreed to defer the close of discovery and the deadline for submission of the joint statement

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by eleven months, to conform to the timetable provided by the Court’s original June 19, 2019

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Order scheduling the evidentiary hearing. ECF 273. The parties hereby request that the Court

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close discovery on May 24, 2021 and set the deadline for the joint statement on June 24, 2021.

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DATED: June 19, 2020

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Respectfully submitted,
HEATHER E. WILLIAMS
Federal Defender

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/s/ David Harshaw
DAVID HARSHAW
Assistant Federal Defender

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/s/ Karl Saddlemire
KARL SADDLEMIRE
Assistant Federal Defender

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Attorneys for Petitioner
JEFFREY JAY HAWKINS
XAVIER BECERRA
Attorney General of California

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SEAN M. MCCOY
Deputy Attorney General

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/s/ Peter H. Smith
PETER H. SMITH
Deputy Attorney General

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Stipulation to Modify Order Scheduling the Evidentiary Hearing

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Hawkins v. Davis, Case No. 2:96-cv-1155-TLN-EFB

/s/ Darren K. Indermill
DARREN K. INDERMILL
Supervising Deputy Attorney General

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/s/ Ross K. Naughton
ROSS K. NAUGHTON
Deputy Attorney General

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Attorneys for Respondent
RON BROOMFIELD, ACTING WARDEN AT
SAN QUENTIN

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ORDER

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IT IS HEREBY ORDERED, the Court, having received, read, and considered the
parties’ stipulation, and good cause appearing therefore, adopts the parties’ stipulation in its
entirety as its order.

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Accordingly, the Court modifies its Order scheduling the evidentiary hearing and
preceding discovery schedule as follows:

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1. Reschedule the evidentiary hearing currently set for October 26, 2020 at 9:30 a.m. in
courtroom 8, to begin August 23, 2021 at 9:30 a.m.

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2. Reschedule the last status conference currently set for September 23, 2020 at 10:00
a.m. in Courtroom 8, to July 21, 2021 at 10:00 a.m.

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3. Reschedule the close of discovery currently set for June 22, 2020 to May 24, 2021.
Any discovery motions must be filed by that date.

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4. Reschedule the deadline for submission of a pre-hearing joint statement to June 24,
2021.

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Dated: June 23, 2020
Hon. Edmund F. Brennan
United States Magistrate Judge

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Stipulation to Modify Order Scheduling the Evidentiary Hearing

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Hawkins v. Davis, Case No. 2:96-cv-1155-TLN-EFB