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

Filing 949

ORDER by Judge William Alsup granting 946 Motion clarification of minute order.(whasec, COURT STAFF) (Filed on 8/11/2021)

Case 3:88-cv-02779-WHA Document 949 Filed 08/11/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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COLLEEN MARY ROHAN, ex rel.
OSCAR GATES,

No. C 88-02779 WHA

United States District Court
Northern District of California

Petitioner,
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DEATH PENALTY CASE

v.
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RON BROOMFIELD, Acting Warden
San Quentin State Prison,

ORDER

Respondent.

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At the request of the parties, a status conference was held on August 4, 2021, during

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which the evidentiary hearing scheduled for August 16 and 17 was continued to

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October 25--27 and various deadlines relating to discovery in advance of the hearing were

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established. Petitioner has now filed a motion seeking clarification of the Court’s intent in

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light of certain docket text included in the minutes of the conference entered on the docket.

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In short, the deadlines set forth in the docket text were included because those deadlines —

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imposing a deposition cutoff and requiring disclosure of expert reports — were revised from

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earlier dates set by the Court before hearing argument from the parties. Specifically, due to

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concerns expressed by both parties, the deadline for expert reports was moved from August 31

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to September 24, and the deadline for completion of all depositions was moved to October 15.

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Other deadlines established at the conference, including disclosure of witnesses and intended

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Case 3:88-cv-02779-WHA Document 949 Filed 08/11/21 Page 2 of 2

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subpoenas and identification of witnesses a party wishes to depose, were not amended in view

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of the parties’ argument and therefore remain binding.

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Accordingly, to the extent set forth in this Order, Petitioner’s Motion for Clarification of

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August 4, 2021 Minute Order (Docket No. 946) is GRANTED. Respondent has complied with

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the deadline for providing a list of his proposed witnesses and identifying those individuals or

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entities he intends to subpoena. See Docket No. 948. Petitioner shall do the same within

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twenty-four hours of the entry of this order so that the parties may continue their preparation

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for the hearing.

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: August 11, 2021.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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