Riel v. Woodford

Filing 572

ORDER signed by Magistrate Judge Deborah Barnes on 6/15/2018 ORDERING, by 11/30/2018, the parties shall exchange lists of the witnesses whose testimony each party tentatively intends to put on as part of the evidentiary hearing. Those lists shall inc lude a summary of each witness's testimony. A status and scheduling conference is set for 1/11/2019 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. At that conference, the parties should be prepared to discuss: (1) whether either party will seek additional discovery on the evidentiary hearing claims; (2) a date for the evidentiary hearing and its anticipated length; and (3) how the testimony of each witness should be taken. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES D. RIEL,

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Petitioner,

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No. 2:01-cv-0507 MCE DB
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

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ORDER

Respondent.

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The undersigned held a status and scheduling conference in this action on June 15, 2018.

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Robert Bacon and Lindsay Bennett appeared for petitioner. Tami Krenzin and Heather Gimle

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appeared for respondent. The parties agree that they require more time to prepare for the

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evidentiary hearing on petitioner’s claims 2 and 5, as described in the court’s March 19, 2018

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order. They stipulated to an exchange of tentative witness lists near the end of this year and a

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follow-up status and scheduling conference in January 2019. The court finds these dates

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acceptable. With respect to outstanding motions, the parties point only to petitioner’s June 3,

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2010 request for reconsideration by the district judge. (See ECF No. 373.) The court informed

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petitioner’s counsel that they should notify the currently-assigned district judge about the pending

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motion.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. By November 30, 2018, the parties shall exchange lists of the witnesses whose

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testimony each party tentatively intends to put on as part of the evidentiary hearing.

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Those lists shall include a summary of each witness’s testimony.

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2. On January 11, 2019 at 10:00 a.m. in courtroom #27, the undersigned will hold a

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status and scheduling conference. At that conference, the parties should be prepared

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to discuss: (1) whether either party will seek additional discovery on the evidentiary

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hearing claims; (2) a date for the evidentiary hearing and its anticipated length; and (3)

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how the testimony of each witness should be taken.

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Dated: June 15, 2018

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DB:9
DB/orders-capital/riel pre evi sts.or1

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