Heredia v. Martel

Filing 50

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 09/10/12 ordering the stipulation and order for extension of time is granted. The deadline for petitioner to file a traverse is enlarged by 30 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,
Petitioner,

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

v.
MICHAEL MARTEL, Warden,
Respondent.

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

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By order dated July 11, 2012, this Court granted petitioner’s second request for an

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enlargement of time by 60 days in which to file a traverse or reply to respondent’s response to the

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amended petition, filed on April 5, 2012. Counsel for petitioner respectfully requests an additional

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30 days enlargement of time, for the reasons set forth herein.

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As noted in the last application for enlargement of time, Mr. Duree and Ms. Radekin are

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currently represent a client in dependency (In re Mikaela and Jonathan Y., petition nos. J-36319 and

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J-36320) and criminal (People v. James Peter Yhip, case no. CM036919) cases pending in Butte

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County Superior Court relating to the death of a child. This case involves approximately 14,000

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pages of discovery so far, as well as complex medical and scientific issues, and the use of experts.

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Further, given the interests at stake – the parental interests of the client, the interests of his children,
who are detained, as well as the client’s interests in his reputation and professional license – the case

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is a high priority in our office at this time. The criminal matter is pre-preliminary examination and

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the jurisdiction hearing has been vacated with a status conference date set in light of the additional

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discovery.

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In addition, Mr. Duree and Ms. Radekin are currently working on final rewriting and editing

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on appellant’s opening brief in the case William Rennie III v. Michael Martel, 9th Circuit case no.

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12-15156, which is due on September 20, 2012. We have agreed to provide our client with a draft

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in advance of the due date. Mr. Duree and Ms. Radekin are also involved in preparing a reply in the

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state habeas matter In re Khatoonian, California Court of Appeal, Third District, case no. C069662,

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which is due September 11, 2012. Finally, both Mr. Duree and Ms. Radekin have multiple

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additional cases pending in both state and federal court that require regular court appearances both in

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and out of county.

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Nonetheless, Ms. Radekin has begun preparing the traverse in this matter. Additional work
and consultation with Mr. Duree remains to be done, however.
On September 6, 2012, Ms. Radekin communicated with Jill Thayer, attorney representing

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respondent in this case, by email. Ms. Thayer responded by email, indicating that she has no

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opposition to a 30-day 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 30 days.

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Dated: September 6, 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.
DATED: September 10, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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