Colleen Mary Rohan, et al v. Jill Brown, et al

Filing 629

ORDER GRANTING BRIEFING SCHEDULE ON MOTION FOR TRANSFER AND RESTORATION by Judge William Alsup granting 628 Stipulation (dt, COURT STAFF) (Filed on 11/25/2013)

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WILLIAM L. OSTERHOUDT, Bar No. 43021
LAW OFFICES OF WILLIAM L. OSTERHOUDT
135 Belvedere Street
San Francisco, CA 94117
Telephone: [phone]
Email: [e-mail]
TIM BROSNAN, Bar No. 75938
Attorney at Law
1116 Guerrero Street
San Francisco, CA 94110
Telephone: [phone]
Email: [e-mail]

Attorneys for Petitioner,
OSCAR GATES

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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COLLEEN MARY ROHAN, ex rel. OSCAR GATES,
Petitioner,

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C88-2779 WHA - LB
DEATH PENALTY CASE

v.
KEVIN CHAPPELL,
Warden, California State Prison at San Quentin,

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Respondent.
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PARTIES’ STIPULATION
RE: BRIEFING SCHEUDLE
ON MOTION FOR
TRANSFER AND
RESTORATION;
NDLR 5-1(i)(3), 7-11, 7-12;
DEC. 18, 2013 HEARING
DATE UNAFFECTED

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TO: THE HONORABLE WILLIAM H. ALSUP, UNITED STATES DISTRICT JUDGE;
GREGG ZYWICKE, GLENN PRUDEN, AMBER WIPFLER, DEPUTY ATTORNEYS
GENERAL; AND TO RICHARD W. WIEKING, CLERK OF THE UNITED STATES
DISTRICT COURT:
Pursuant to Northern District Local Rules, Rules 7-11 and 7-12, the parties hereby present
this stipulation and declaration.
On October 23, 2013, petitioner filed a motion for transfer to an appropriate psychiatric
facility and restoration to competency, see Doc. 617, which stated it was drafted with the
understanding that it would be non-controversial. Id., at 3:25 – 4:2. Subsequently, it became

Stipulation Re: Briefing Schedule

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No. C-88-2779 WHA-LB

apparent that the motion was controversial. See November 6, 2013, Opposition To Motion For
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Restoration And Transfer, Doc. 621; and November 6, 2013, Opposition To Motion For
Restoration And Transfer, Doc. 623.
On November 14, 2013, the parties submitted a stipulation and proposed order extending
the time for petitioner to file his reply brief through November 21, 2013, Doc. 625. On November
15, 2013, this Court signed the proposed Order, so extending the time. Doc. 626.
Counsel for the parties have communicated regarding these matters by e-mail, on
November 19 and 20, 2013, in the context of the settlement proceedings.

controversy, petitioner seeks to supplement his showing in support of the motion and counsel for
respondents seek to address any such showing in the context of the motion for transfer before this
Court, rather than in the context of the settlement conference proceedings.
On November 20, 2013, petitioner’s co-counsel, Tim Brosnan, exchanged e-mails with
respondent’s co-counsel, Glenn Pruden and Amber Wipfler, and advised of this request. Mr.
Pruden and Ms. Wipfler authorized petitioner to represent that respondent’s counsel have no
opposition to this request and stipulate to the Court granting it. Per N. D. Local Rules, rule 51(i)(3), I attest that concurrence in the filing of the document has been obtained from each of the
other signatories listed below.
Petitioner will be glad to submit a more detailed showing if the Court finds that appropriate.
There was one prior stipulated request to extend time for filing of petitioner’s reply brief, which
the Court granted, as described above. This request does not affect the hearing date.
Per N.D. Local Rules, rule 7-12, a proposed Order is provided on a following page.

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In light of the

STIPULATION
The parties stipulate to the court entering an Order, allowing:

petitioner to file a

supplement to his motion with accompanying support including a declaration by William L.
Osterhoudt by Wednesday, November 27, 2013; counsel for respondents to file any opposition(s)
to that supplement by Friday, December 6, 2013; petitioner to file any reply by Friday, December
13, 2013. The Case Management Conference will proceed as scheduled on December 18,
2013. Petitioner’s reply brief which is currently scheduled for filing on Thursday, November 21,
is vacated.
Stipulation Re: Briefing Schedule

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No. C-88-2779 WHA-LB

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It is so stipulated.

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DATED: November 21, 2013

(By)

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/s/ Glenn Pruden
GREGG ZYWICKE
GLENN PRUDEN
Deputy Attorneys General,
Counsel for Respondent

It is so stipulated.

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DATED: November 21, 2013

(By)

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/s/ Amber Wipfler
AMBER WIPFLER,
Deputy Attorney General,
Counsel for Respondent

It is so stipulated.

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DATED: May 30, 2013

(By)

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/s/ William L. Osterhoudt
WILLIAM L. OSTERHOUDT
TIM BROSNAN
Counsel for Petitioner,
OSCAR GATES

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Stipulation Re: Briefing Schedule

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No. C-88-2779 WHA-LB

(Proposed) ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: November 25, 2013

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HONORABLE WILLIAM H. ALSUP

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Stipulation Re: Briefing Schedule

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No. C-88-2779 WHA-LB