Gilman v. Fisher, et al

Filing 470

ORDER signed by Judge Lawrence K. Karlton on 3/5/2013 ORDERING in limine Motions Hearing RESET for 5/13/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; Trial RESET for 6/25/2013 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD M. GILMAN, et al.,
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NO. CIV. S-05-830 LKK/GGH
Plaintiffs,

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v.
O R D E R

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EDMUND G. BROWN, JR., et al.,

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Defendants.
/

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The California Supreme Court has now decided In re Vicks, ___

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Cal. 4th ___, 2013 WL 781496, ___ Cal. LEXIS ___ (March 4, 2013),

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rejecting an ex post facto challenge to Proposition 9 under the

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California Constitution.

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facto challenge to Proposition 9 under the U.S. Constitution is

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therefore lifted.1

This court’s stay on Claim 8, an ex post

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The court will therefore postpone the following upcoming court

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dates so that the cross-motions for summary judgment on all

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It appears that Vicks also rejected the ex post facto
challenge under the U.S. Constitution. However, this court is
still required to make an independent ruling on that issue.
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surviving claims can be decided together:
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The in limine motions, currently scheduled to be heard

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on March 8, 2013, are hereby CONTINUED to the court’s regular Law

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and Motion Calendar of May 13, 2013 at 10:00 a.m.; and

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2.

The trial in this matter, currently scheduled for April

23, 2013, is hereby CONTINUED to June 25, 2013 at 10:30 a.m.

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IT IS SO ORDERED.

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DATED:

March 5, 2013.

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