Lenart v. Ornoski

Filing 194

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/06/18 ORDERING ( Status Conference set for 5/16/2018 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Counsel are ordered to meet and confer concerning these issues. The parties are ordered to submit a joint statement the court 7 days prior to the hearing concerning their views on the issues mentioned herein even if counsel may not be able to agree. (See order for further details) (Plummer, 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,
v.

No. 2:05-CV-01912 MCE CKD
DEATH PENALTY CASE
ORDER

ROBERT L. AYERS, JR.,
Respondent.

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In light of respondent’s answer filed on August 8, 2016 and this court’s prior scheduling

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order of December 11, 2015, ECF No. 163, the parties are ordered to attend a status and

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scheduling conference in this matter on May 16, 2018 at 10:00 a.m. in Courtroom #24. At the

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hearing, counsel shall be prepared to address the following issues: 1) whether a traverse is

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necessary in this case; 2) a timetable for briefing concerning the application of 28 U.S.C.

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§ 2254(d) to petitioner’s claims; 3) the adjudication of procedural default and Teague based

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defenses raised in respondent’s answer; and, 4) any other matters the parties deem necessary to

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bring to the court’s attention at this time.

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Prior to the hearing date, counsel are ordered to meet and confer concerning these issues.

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The parties are ordered to submit a joint statement to the court 7 days prior to the hearing

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concerning their views on these issues even if counsel may not be able to agree. With respect to

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any points of disagreement, counsel shall separately describe their positions in the joint statement.
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Counsel for petitioner shall be prepared to discuss budget matters for the next phase of
litigation at an ex parte session to be held after the scheduling conference.
Petitioner’s counsel, Mr. Van Winkle, may participate in the status and scheduling

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conference by telephone. Before the close of business on May 15, 2018, Mr. Van Winkle shall

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contact Courtroom Deputy Kyle Owen at [phone] to provide a phone number.

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IT IS SO ORDERED.
Dated: April 6, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/lena1912.schedconference.docx

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