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

Filing 700

ORDER RE EX PARTE HEARING. Signed by Judge William Alsup on 2/11/14. (dt, COURT STAFF) (Filed on 2/11/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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ORDER

Petitioner,

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No. C 88-2779 WHA

OSCAR GATES,

v.
KEVIN CHAPPELL, Warden,
Respondent.
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On February 10, 2014, the Court held an ex parte hearing with Tim Brosnan and

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William Osterhoudt, counsel for petitioner. The proceeding was on the record, transcribed by

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court reporter Julie Ralston. The transcript will be filed under seal, and available if its

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production is ever ordered by the Court of Appeals. At this time, the transcript will be filed ex

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parte and under seal, and will not be available to respondent.

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Based on the hearing, the Court has reconsidered its Order of January 10, 2014 (Docket

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# 663) requiring petitioner’s counsel to meet with petitioner. The Order is hereby

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SUSPENDED.

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Additionally, respondent’s counsel is reminded of previous Court orders NOT TO

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SERVE petitioner Oscar Gates with any filings in this matter without prior permission of the

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Court. Furthermore, counsel for both petitioner and respondent are reminded that while

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petitioner’s motion for transfer and restoration was denied, it was denied without prejudice.

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The Court expects the parties to continue to meet and confer in good faith, and to submit a joint

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plan for further examination of petitioner Gates, in accordance with the Court’s order of

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December 20, 2013 (Docket # 660).

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Finally, for the convenience of the Court and the parties, petitioner’s counsel is

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ORDERED to file an electronic copy of the Second Amended Petition with the Court.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: February

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, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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