Heredia v. Martel

Filing 48

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 07/10/12 ordering the deadline for petitioner to file the traverse is enlarged by 60 days. (Plummer, M)

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JOHN R. DUREE, JR., INC.
A Professional Law Corporation
Attorney at Law – SBN 65684
ERIN J. RADEKIN
Attorney at Law - SBN 214964
428 J Street, Suite 352
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
AARON AUGUSTINE HEREDIA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AARON AUGUSTINE HEREDIA,

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Petitioner,

Case No. 10-CV-0693-GEB-CMK

v.

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MICHAEL MARTEL, Warden,
Respondent.

APPLICATION AND STIPULATION TO
ENLARGE TIME FOR PETITIONER TO
FILE TRAVERSE; ORDER

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By order dated May 11, 2012, this Court granted petitioner’s first request for an enlargement
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of time by 60 days in which to file a traverse or reply to respondent’s response to the amended
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petition, filed on April 5, 2012. Counsel for petitioner respectfully request an additional 60 days
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enlargement of time, for the reasons set forth herein.
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In late April, 2012, Mr. Duree and Ms. Radekin, counsel herein, were retained to represent a
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defendant in both pre-charging criminal proceedings and dependency proceedings relating to a child
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death in Butte County, In re Yhip, petition nos. J-36319 and J-36320. The case involves over 1,000
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pages of medical records, reports, and other discovery, and multiple medical experts will be
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testifying at the jurisdictional hearing, at which the cause of the child’s death is a major disputed
issue. While the jurisdiction hearing was originally set for June 26, 2012, a continuance was granted

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in light of late discovery of the autopsy. In addition, other discovery has not yet been provided but is

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expected to be released on July 19, 2012. It is contemplated that this new batch of discovery,

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consisting of the police reports in the criminal matter, will be voluminous and that the jurisdictional

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hearing will be set about 30 days thereafter. Within the last 60 days Mr. Duree and Ms. Radekin

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have been devoting a large proportion of their time to preparing for this very important matter, which

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involves not only the liberty interests of the defendant but also his parental rights, as his surviving

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children were detained in the dependency proceeding.

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In addition, Mr. Duree and Ms. Radekin were retained in a direct appeal of a federal habeas
petition matter currently pending in the United States Court of Appeal, Ninth Circuit, William Rennie

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III v. Michael Martel, case no. 12-15156. Although this appeal has been pending since January,

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2012, petitioner only retained counsel in mid-June, 2012. The opening brief in that matter is due on

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August 20, 2012, and it is unlikely that the court will entertain any additional extensions of time.

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Mr. Duree and Ms. Radekin are also involved in preparing a reply in the state habeas matter In re

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Khatoonian, California Court of Appeal, Third District, case no. CRS-020823, which is due on July

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12, 2012.

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Finally, both Mr. Duree and Ms. Radekin have multiple federal and state felony cases

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pending in pre-trial proceedings that involve voluminous discovery. Ms. Radekin is appointed

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counsel for Rafael Velasco in the case United States v. Rafael Velasco, et al., case 1:11-cr-00186,

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currently pending in this Court (Fresno Division), which involves approximately 3,000 pages of

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discovery and numerous phone communications intercepted pursuant to wire tap orders. Additional

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discovery is expected to be released within the next 30 days. Ms. Radekin is also retained counsel of

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record in the case United States v. Gary Jason Grant, case no. 2:10-cr-00237-GEB , which involves

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over 20,000 pages of discovery.

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Mr. Duree is involved in four federal mortgage fraud cases currently pending in this Court

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that involve voluminous discovery, United States v. Vitaliy Andreyev, case nos. 2:12-cr-00069-JAM,

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United States v. Valeri Mysin, case no. 2:11-cr-00427-LKK and 2:12-cr-00051-MCE and United

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States v. Khadzhimurad Babatov, case no. 2:11-cr-00514-GEB. Mr. Duree also has several other

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felony state cases pending in state court in pre-trial proceedings, involving approximately three
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appearances each week, some out-of-county.
On July , 2012, undersigned counsel communicated with Jill Thayer, attorney representing

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respondent in this case, by email. Ms. Thayer stated that she has no opposition to a 60-day

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enlargement of time.

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Accordingly, application is being made to the Court that the deadline for petitioner to file the

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traverse be enlarged by 60 days.

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Dated: July 2, 2012

Respectfully submitted,

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/s/ JOHN R. DUREE, JR.
JOHN R. DUREE, JR.
Attorney for Petitioner
AARON AUGUSTINE HEREDIA

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IT IS SO ORDERED.

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DATED: July 10, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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