Cox v. Ylst

Filing 169

ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/22/15 ordering the court sets the following schedule for any discovery related to the taking of the testimony of the 7 witnesses identified above. Within 30 days of the filed date of this or der, respondent shall file any motion for discovery related to the taking of the testimony of Dr. Albert Globus, Marjorie Comer, Joanne Wells, Shirley Garrett, Timothy Jayne Sr., Fairman Jayne and David Kurtzman. Respondent should not notice the mot ion for hearing. If the parties seek a hearing, they shall notify the court within 10 days after the date scheduled for filing the reply. Within 30 days of the filed date of respondent's motion, petitioner shall file an opposition. Respondent may file a reply within 14 days thereafter. If respondent does not move for discovery as set forth in paragraph 1, petitioner may proceed to schedule the testimony depositions. Within 20 days of the filed date of this order, petitioner shall file a proposed protective order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL A. COX,

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Petitioner,

No. 2:04-CV-0065 MCE CKD
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

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ORDER

Respondent.

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The court permitted petitioner to perpetuate the testimony of Dr. Albert Globus, five

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social history witnesses, and Juror Kurtzman. (ECF Nos. 157, 163.) Respondent seeks discovery

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prior to determining the method for taking the testimony of each of the lay witnesses and prior to

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deposing Dr. Globus. (ECF No. 165.) In addition, respondent informs the court that he is

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willing to stipulate to issuance of a protective order like the one approved in Lenart v. Warden,

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2:05-cv-1912 MCE CKD (ECF Nos. 139, 141). (Id.)

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Accordingly, the court sets the following schedule for any discovery related to the taking
of the testimony of the seven witnesses identified above.
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Within thirty days of the filed date of this order, respondent shall file any motion for

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discovery related to the taking of the testimony of Dr. Albert Globus, Marjorie Comer,

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Joanne Wells, Shirley Garrett, Timothy Jayne, Sr., Fairman Jayne, and David

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Kurtzman. Respondent should not notice the motion for hearing. If the parties seek a
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hearing, they shall notify the court within ten days after the date scheduled for filing

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the reply.

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2. Within thirty days of the filed date of respondent’s motion, petitioner shall file an
opposition. Respondent may file a reply within fourteen days thereafter.
3. If respondent does not move for discovery as set forth in paragraph 1, petitioner may
proceed to schedule the testimony depositions.
4. Within twenty days of the filed date of this order, petitioner shall file a proposed

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protective order. If the proposed protective order varies from the protective order

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issued in Lenart, petitioner shall meet and confer with respondent before filing it to

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obtain respondent’s position on the changes and shall notify the court regarding

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respondent’s position.

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IT IS SO ORDERED.

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Dated: September 22, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Cox testi depo disc.or

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