Colleen Mary Rohan, et al v. Jill Brown, et al
Filing
800
ORDER GRANTING 2-DAY EXTENSION OF TIME TO FILE OPENING BRIEF by Judge William Alsup granting 797 Motion extension of time. (dl, COURT STAFF) (Filed on 8/22/2016)
1
2
3
4
5
6
7
8
9
WILLIAM L. OSTERHOUDT, Bar No. 43021
LAW OFFICES OF WILLIAM L. OSTERHOUDT
135 Belvedere Street
San Francisco, CA 94117
Telephone: (415) 664-4600
Facsimile: (415) 664-4691
Email: Osterhoudt@aol.com
TIM BROSNAN, Bar No. 75938
Attorney at Law
1116 Guerrero Street
San Francisco, CA 94110
Telephone: (415) 962-7967
Email: brosnant@pacbell.net
Attorneys for Petitioner,
OSCAR GATES
10
11
IN THE UNITED STATES DISTRICT COURT
12
FOR THE NORTHERN DISTRICT OF CALIFORNIA
13
14
15
16
17
18
19
COLLEEN MARY ROHAN, ex rel. OSCAR GATES,
)
)
Petitioner,
)
)
v.
)
)
KEVIN CHAPPELL,
)
)
Warden, California State Prison at San Quentin,
)
)
Respondent.
)
________________________________________________)
C88-2779 WHA
DEATH PENALTY CASE
PETITIONER’S
UNOPPOSED
REQUEST FOR 2-DAY
EXTENSION OF TIME
TO FILE OPENING
MERITS BRIEF RE:
CLAIMS 6A-B & 7;
[PROPOSED] ORDER
20
21
22
23
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:
24
Petitioner respectfully moves the Court to modify the briefing schedule to permit Petitioner
25
26
two (2) additional days to file Petitioner’s Opening Brief On The Merits on Claims 6 A. - B. and 7.
27
28
Pet.’s Request for 2-Day Ext. Time To File Brief
Gates v. Chappell, 88-2779 WHA
1
1
2
Petitioner’s brief is currently scheduled to be filed on Friday, August 12, 2016. Petitioner requests
permission to file the Brief on Tuesday, August 16, 2016.
3
Counsel for Petitioner has communicated this request to counsel for Respondent, Deputy
4
5
Attorney General Gregg Zywicke, who responded that the state has no objection. Petitioner does
6
not anticipate requesting any additional time to file the Opening Brief in this matter.
7
Petitioner requests this extension of time in order to be able to prepare and submit the
8
Opening Brief, which will address some complex legal questions and related matters involving the
9
10
record. The Court’s June 17, 2016, Order, Doc. 796, directed that any citations to the record
11
should be included in an appendix to the parties’ pleadings, id., at 1:22-23. Proper preparation of
12
the brief and appendix is taking significant time. As part of the CJA Budgeting process, counsel
13
requested and this Court issued an Order approving a budget on July 26, 2016, which was emailed
14
to counsel on August 1, 2016.
15
16
Counsel are diligently working on preparation of the Brief. During the time since the
17
Court’s June 17, 2016, Order, counsel have also had pre-existing obligations in other cases,
18
including capital matters, which have necessarily required time, giving rise to this request.
19
Mr. Osterhoudt is also counsel in Johnson v. Ayers, 3:98-cv-04043-SI, a capital Habeas
20
case wherein the parties are litigating the scope of an evidentiary hearing recently granted by the
21
22
District Court; United States v. Aguilera, No. 3:09-cr-00988-CRB ( N.D. Cal), on remand from the
23
Ninth Circuit for evidentiary hearing regarding a cell phone search in the case, hearing scheduled
24
for August 19, 2016; United States v. Petrov, 3:16-cr-00159-WHA, wherein motions must be filed
25
by the end of August and are in preparation, United States v. Rush, 4:15-cv-00454, a case
26
27
requiring review of voluminous discovery.
28
Pet.’s Request for 2-Day Ext. Time To File Brief
Gates v. Chappell, 88-2779 WHA
2
1
2
Mr. Brosnan is also co-counsel for the condemned petitioner in: Berryman v. (San Quentin
Warden), Ninth Circuit no. 10-10-99004, an appeal after denial of a 28 U.S.C. §2254 habeas
3
corpus petition, in which he has been the primary author of several pleadings and submissions
4
5
either filed in the public docket or under seal and oral argument is under consideration for the
6
November calendar; Arias v. (San Quentin Warden), Eastern District of California no. CIV.S-99-
7
0627 WBS DB, in which a brief on the merits of all claims in the petition under 28 U.S.C.
8
§2254(d) is due November 30, 2016, Doc. 308, and work is ongoing; Williams v. (San Quentin
9
10
Warden), E.D. Cal no. 1:09-cv-01068-DAD-SAB, in which respondent filed its answer on August
11
12, 2016, Doc. 77, and petitioner’s brief on the merits of all claims in the petition under 28 U.S.C.
12
§2254(d) is due August 22, 2017, Doc. 69, and work is ongoing.
13
Even with the delays occasioned by these issues, counsel for Petitioner believe they will be
14
able to file the Opening Brief on Tuesday, August 16, 2016, two days after the current due date.
15
16
17
For the foregoing reasons, Counsel for petitioner respectfully request a two-day extension,
to August 16, 2016, to file the Opening Brief.
18
19
DATE: August 12, 2016
Respectfully submitted,
20
/s/ William L. Osterhoudt
WILLIAM L. OSTERHOUDT
21
22
/s/ Tim Brosnan
TIM BROSNAN
23
Counsel for Petitioner,
OSCAR GATES
24
25
26
27
28
Pet.’s Request for 2-Day Ext. Time To File Brief
Gates v. Chappell, 88-2779 WHA
3
1
[PROPOSED] ORDER
2
3
4
5
6
Good cause appearing, Petitioner's motion to extend the time for filing the Opening Brief
on Claims 6 A. – B. and 7 to August 16, 2016, is granted.
IT IS SO ORDERED.
7
8
9
22
DATED: August ___, 2016
___________________
HON. WILLIAM H. ALSUP
United States District Judge
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Pet.’s Request for 2-Day Ext. Time To File Brief
Gates v. Chappell, 88-2779 WHA
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?