Lenart v. Ornoski

Filing 117

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/29/13 ORDERING that Petitioners request to lift the stay of these proceedings for the purpose of considering the motion to perpetuate testimony is granted. Petitioners motion to strike [11 3] respondents late brief is DENIED. Respondents request for permission 112 to file his late opposition brief is GRANTED. Argument on petitioners motion to stipulate to declarations and/or perpetuate testimony 105 is CONTINUED to June 5, 2013 at 10:00 a.m..(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS HOWARD LENART,

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Petitioner,

No. 2:05-cv-1912 MCE CKD
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

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ORDER

Respondent.

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On May 29, 2013, the undersigned held a hearing on petitioner’s motions to stipulate to

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declarations and/or perpetuate testimony and to strike. Lissa Gardner appeared for petitioner.

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Wesley Van Winkle participated by telephone for petitioner. Jesse Witt appeared for respondent.

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After considering the parties’ briefs and the arguments of counsel, the court announced the

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following orders:

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1. Petitioner’s request to lift the stay of these proceedings for the purpose of considering
the motion to perpetuate testimony is granted.

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2. Petitioner’s motion to strike (ECF No. 113) respondent’s late brief is denied.

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3. Respondent’s request for permission (ECF No. 112) to file his late opposition brief is

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granted.

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4. Argument on petitioner’s motion to stipulate to declarations and/or perpetuate

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testimony (ECF No. 105) is continued to June 5, 2013 at 10:00 a.m. before the
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undersigned. Supervising Deputy Attorney General Ward Campbell shall appear for

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respondent in order to facilitate discussion of stipulations to the testimony of some or

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all of the witnesses who are the subject of petitioner’s motion. In addition, by the

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close of business on June 3, 2013, petitioner’s counsel shall provide to respondent’s

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counsel any documents, which have not previously been provided, referenced in the

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declarations of the witnesses who are the subject of the pending motion.

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Dated: May 29, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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lenart mtn to perpetuate.or2

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