Riel v. Woodford

Filing 608

ORDER signed by Magistrate Judge Deborah Barnes on 7/11/2022 ORDERING the parties shall complete the deposition of petitioner on or before 12/31/2022. The parties are advised to contact the courtroom deputy to ensure the undersigned is available t o rule on objections during the deposition. The parties shall complete out of state witness testimony no later than 12/31/2022. The parties shall file a joint statement by 1/6/2023. Such statement shall set forth a plan for final discovery deadlines necessary in re-setting the evidentiary hearing, including outstanding discovery deposition as well as new and updated Rule 26 expert disclosures. (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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In response to the undersigned’s May 5, 2022, order (ECF No. 606), the parties submitted

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a joint statement: (1) identifying issues to be resolved prior to the evidentiary hearing; (2) matters

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related to taking petitioner’s deposition; (3) remaining testimony to be taken from out of state

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witnesses; and (4) rescheduling the evidentiary hearing. (ECF No. 607.) The court notes that

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petitioner has requested the court refer the case for mediation. (Id. at 5.) However, the court

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declines to refer the case for mediation unless both parties express a willingness to participate.

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Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows:

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1. The parties shall complete the deposition of petitioner on or before December 31,

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2022. The parties are advised to contact the courtroom deputy to ensure the undersigned is

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available to rule on objections during the deposition.
2. The parties shall complete out of state witness testimony no later than December 31,

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2022.
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3. The parties shall file a joint statement by January 6, 2023. Such statement shall set

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forth a plan for final discovery deadlines necessary in re-setting the evidentiary hearing, including

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outstanding discovery deposition as well as new and updated Rule 26 expert disclosures.

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Dated: July 11, 2022

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DB:12
DB/orders-capital/riel.0507.furth.sched

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