Herrera v. Gipson

Filing 84

ORDER signed by Magistrate Judge Dale A. Drozd on 12/15/14 ORDERING that Respondents motion for discovery is granted; Petitioners counsel shall respond to respondents interrogatories and requests for production of documents by January 12, 2015, b y producing the requested discovery or asserting a privilege; If petitioner declines to produce any of the requested discovery on the basis of privilege, he shall explain the basis for the assertion of privilege in a brief to be filed by January 12 , 2015; Respondent may file a reply to petitioners assertion of privilege, if any, by January 20, 2015. A status conference will be held on January 26, 2015, at 10:00 a.m. in courtroom No. 27 with respect to the state of discovery in this matter. Whether any depositions will be allowed prior to an evidentiary hearing shall be discussed at that conference; and the evidentiary hearing scheduled in this matter on January 26, 2015, is vacated. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERTO HERRERA,

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No. 2:12-cv-0508 KJM DAD P

Petitioner,
v.

ORDER

CONNIE GIPSON,

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Respondent.

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Respondent’s motion for discovery came on regularly for hearing on December 12, 2014

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at 10:00 a.m. in the courtroom of the undersigned. Attorney Michael Bigelow appeared for

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petitioner. Deputy Attorney General Kay Lauterbach appeared for respondent. Upon review of

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the motion for discovery, upon hearing the arguments of counsel, and good cause appearing

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therefor, THE COURT HEREBY ORDERS that:

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1. Respondent’s motion for discovery is granted;

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2. Petitioner’s counsel shall respond to respondent’s interrogatories and requests for

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production of documents by January 12, 2015, by producing the requested discovery or asserting

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a privilege;

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3. If petitioner declines to produce any of the requested discovery on the basis of

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privilege, he shall explain the basis for the assertion of privilege in a brief to be filed by January

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12, 2015;
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4. Respondent may file a reply to petitioner’s assertion of privilege, if any, by January 20,

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2015.

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5. A status conference will be held on January 26, 2015, at 10:00 a.m. in courtroom No.

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27 with respect to the state of discovery in this matter. Whether any depositions will be allowed

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prior to an evidentiary hearing shall be discussed at that conference; and

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6. The evidentiary hearing scheduled in this matter on January 26, 2015, is vacated.
Dated: December 15, 2014

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DAD:8
Herrera508.oah1

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