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)

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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]
Facsimile: [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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IN THE 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,

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Petitioner,
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v.
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KEVIN CHAPPELL,
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Warden, California State Prison at San Quentin,
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Respondent.
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________________________________________________)

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

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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:

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Petitioner respectfully moves the Court to modify the briefing schedule to permit Petitioner
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two (2) additional days to file Petitioner’s Opening Brief On The Merits on Claims 6 A. - B. and 7.

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Pet.’s Request for 2-Day Ext. Time To File Brief
Gates v. Chappell, 88-2779 WHA
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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.

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Counsel for Petitioner has communicated this request to counsel for Respondent, Deputy
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Attorney General Gregg Zywicke, who responded that the state has no objection. Petitioner does

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not anticipate requesting any additional time to file the Opening Brief in this matter.

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Petitioner requests this extension of time in order to be able to prepare and submit the

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Opening Brief, which will address some complex legal questions and related matters involving the
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record. The Court’s June 17, 2016, Order, Doc. 796, directed that any citations to the record

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should be included in an appendix to the parties’ pleadings, id., at 1:22-23. Proper preparation of

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the brief and appendix is taking significant time. As part of the CJA Budgeting process, counsel

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requested and this Court issued an Order approving a budget on July 26, 2016, which was emailed

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to counsel on August 1, 2016.
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Counsel are diligently working on preparation of the Brief. During the time since the

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Court’s June 17, 2016, Order, counsel have also had pre-existing obligations in other cases,

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including capital matters, which have necessarily required time, giving rise to this request.

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Mr. Osterhoudt is also counsel in Johnson v. Ayers, 3:98-cv-04043-SI, a capital Habeas

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case wherein the parties are litigating the scope of an evidentiary hearing recently granted by the
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District Court; United States v. Aguilera, No. 3:09-cr-00988-CRB ( N.D. Cal), on remand from the

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Ninth Circuit for evidentiary hearing regarding a cell phone search in the case, hearing scheduled

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for August 19, 2016; United States v. Petrov, 3:16-cr-00159-WHA, wherein motions must be filed

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by the end of August and are in preparation, United States v. Rush, 4:15-cv-00454, a case
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requiring review of voluminous discovery.

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Pet.’s Request for 2-Day Ext. Time To File Brief
Gates v. Chappell, 88-2779 WHA
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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

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corpus petition, in which he has been the primary author of several pleadings and submissions
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either filed in the public docket or under seal and oral argument is under consideration for the

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November calendar; Arias v. (San Quentin Warden), Eastern District of California no. CIV.S-99-

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0627 WBS DB, in which a brief on the merits of all claims in the petition under 28 U.S.C.

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§2254(d) is due November 30, 2016, Doc. 308, and work is ongoing; Williams v. (San Quentin
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Warden), E.D. Cal no. 1:09-cv-01068-DAD-SAB, in which respondent filed its answer on August

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12, 2016, Doc. 77, and petitioner’s brief on the merits of all claims in the petition under 28 U.S.C.

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§2254(d) is due August 22, 2017, Doc. 69, and work is ongoing.

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Even with the delays occasioned by these issues, counsel for Petitioner believe they will be

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able to file the Opening Brief on Tuesday, August 16, 2016, two days after the current due date.
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For the foregoing reasons, Counsel for petitioner respectfully request a two-day extension,
to August 16, 2016, to file the Opening Brief.

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DATE: August 12, 2016

Respectfully submitted,

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/s/ William L. Osterhoudt
WILLIAM L. OSTERHOUDT

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/s/ Tim Brosnan
TIM BROSNAN

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Counsel for Petitioner,
OSCAR GATES

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Pet.’s Request for 2-Day Ext. Time To File Brief
Gates v. Chappell, 88-2779 WHA
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[PROPOSED] ORDER

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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.

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DATED: August ___, 2016

___________________
HON. WILLIAM H. ALSUP
United States District Judge

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Pet.’s Request for 2-Day Ext. Time To File Brief
Gates v. Chappell, 88-2779 WHA
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