Riel v. Woodford

Filing 597

ORDER signed by Magistrate Judge Deborah Barnes on 3/25/2020 VACATING the 4/24/2020 deadline for completing lay witness testimonial depositions and ORDERING the parties to meet and confer prior to the status hearing presently scheduled for 5/8/2020 to find mutually agreeable dates to re-schedule the depositions. (Henshaw, R)

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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 parties have filed a joint request to amend the scheduling order in light of the

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COVID-19 virus. (ECF No. 596.) The parties seek to vacate the April 24, 2020 deadline for

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conducting lay witness depositions. The parties have also agreed that in the event any of the

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following lay witnesses: Lael Richards, Jeffrey Richards, Joseph Ross, Shannon Rivera, Tom

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Riel, or Lori Prestley (aka Barnhardt), become unavailable within the meaning of Federal Rule of

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Evidence 804(a)(4) that witnesses declaration may be admitted in lieu of oral testimony.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The April 24, 2020 deadline for completing lay witness testimonial depositions is

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vacated; and
2. The parties shall meet and confer prior to the status hearing presently scheduled for
May 8, 2020 to find mutually agreeable dates to re-schedule the depositions.
Dated: March 25, 2020
/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DB:12
DB/orders-capital/riel.vac depo

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