Benjamin Tabayoyong Caridad v. Harry Oreol, et al

Filing 98

ORDER signed by Magistrate Judge Allison Claire on 3/7/2018 GRANTING petitioner's 93 motion for an evidentiary hearing, subject to the schedule set forth in this order. Respondent's 80 motion to dismiss shall remain pending until the conclusion of the evidentiary hearing. The Evidentiary Hearing is set for 8/20/2018 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (See Order for Details) (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BENJAMIN T. CARIDAD,

12

No. 2:14-cv-1847 KJM AC P

Petitioner,

13

v.

14

HARRY OREOL,

15

ORDER

Respondent.

16
17

In this habeas corpus action filed pursuant to 28 U.S.C. § 2254, petitioner challenges his

18

civil commitment to the Department of State Hospitals under California’s Mentally Disordered

19

Offender Act, California Penal Code §§ 2960 et seq. The parties’ respective motions –

20

respondent’s motion to dismiss (ECF No. 88) and petitioner’s motion for an evidentiary hearing

21

(ECF No. 93) – were addressed by the court at a hearing held March 7, 2018. Petitioner was

22

represented by court-appointed counsel, Mr. Marylou Hillberg; respondent was represented by

23

California Deputy Attorney General David Eldridge.

24

For the reasons stated by the undersigned at the hearing, IT IS HEREBY ORDERED that:

25

1. Petitioner’s motion for an evidentiary hearing (ECF No. 93) is granted, subject to the

26
27
28

schedule set forth below.
2. Respondent’s motion to dismiss (ECF No. 88) shall remain pending until the
conclusion of the evidentiary hearing.

1

3. In preparation for the evidentiary hearing, discovery shall proceed as follows:

2

a. Petitioner’s requests for the court’s assistance in obtaining discovery shall be filed and

3
4
5

served within 30 days, or by April 6, 2018.
b. Any objections to petitioner’s discovery requests shall be filed and served by
respondent within 7 days after the request is filed.

6

c. Petitioner shall file and serve any reply within 3 days after the filing of an objection.

7

d. Discovery disputes, if any, shall be decided by the court on the papers.

8

4. Expert witnesses shall be disclosed within 60 days, or by May 7, 2018; expert reports

9
10
11
12

shall be provided to opposing counsel within 120 days, or by July 5, 2018.
5. The evidentiary hearing shall be held before the undersigned on Monday, August 20,
2018, at 9:00 a.m., in Courtroom No. 26.
a. No later than 30 days prior to the hearing, or by July 20, 2018, petitioner’s counsel

13

shall submit to the court a proposed writ ad testificandum to obtain petitioner’s attendance at the

14

evidentiary hearing.

15

b. Any motions in limine shall be filed and served no later than Monday, August 13,

16

2018, and shall be heard and determined by the court on August 20, 2018, immediately prior to

17

commencement of the evidentiary hearing.

18
19
20
21
22
23

c. At the commencement of the evidentiary hearing, the parties shall provide the court
and one another with courtesy binders of their exhibits, which shall be clearly tabbed.
6. The parties are encouraged to stipulate to the authenticity and foundation of exhibits to
the extent reasonably possible.
IT IS SO ORDERED.
DATED: March 7, 2018

24
25
26
27
28
2