Clark v. Ayers

Filing 545

STIPULATION AND ORDER RE REPLY TO RESPONSE TO MOTION FOR EVIDENTIARY HEARING by Judge William Alsup granting 544 Stipulation (Attachments: # 1 Certificate/Proof of Service) (dt, COURT STAFF) (Filed on 2/12/2013)

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JOHN R. GRELE
State Bar No. 167080
149 Natoma, St, third
San Francisco, California 94105
[phone] (telephone)
[phone] (fax)

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LYNNE COFFIN
State Bar No. 121389
38 Miller Ave., #328
Mill Valley, CA 94941
[phone]

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Attorneys for Petitioner
RICHARD DEAN CLARK

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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RICHARD DEAN CLARK,
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Petitioner,
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vs.
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MICHAEL MARTEL, ActingWarden of
California State Prison at San Quentin,
California,

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Respondent.

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No. C-97-20618-WA

STIPULATION AND REQUEST FOR
ORDER RE REPLY TO RESPONSE TO
MOTION FOR EVIDENTIARY HEARING
Civ. L.R. 7-12

DEATH PENALTY CASE

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The parties, having met and conferred, stipulate as follows:
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WHEREAS Petitioner’s Motion for Evidentiary Hearing was filed on August 1, 2012 and
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Respondent’s Response was filed December 17, 2012;
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WHEREAS this matter involves numerous and extensive factual submissions and legal
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analyses; and,
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WHEREAS Petitioner’s reply was due February 8, 2013,
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WHEREAS counsel for Petitioner has been occupied with preparing for a lengthy upcoming
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RICO trial in the District of Nevada, with motions heard on January 11, 2013, at which time an April

Stipulation and Order
No. C-97-20618-WA

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8, 2013 trial date was set; a summary judgement hearing in a complex wrongful death action in the

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Kern County Superior court set for March 5, 2013; and a summary judgement hearing in a capital case

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in the Central District of California that involved a 375-page tentative decision and was held January

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29, 2013.
WHEREAS counsel for Petitioner has requested one extension of time to file his Reply, and

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does not anticipate requesting another beyond this present application;
IT IS HEREBY STIPULATED that Petitioner’s Reply to the Response to the Motion for

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Evidentiary Hearing be filed on or before March 11, 2013.

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Dated: February 8, 2013

Respectfully submitted,

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JOHN R GRELE
LYNNE S. COFFIN
Attorneys for Petitioner
RICHARD DEAN CLARK

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By:_____/s/___________________
John R Grele

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Dated: February 8, 2013

ALICE LUSTRE
Attorney for Respondent

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By:______/s___________________
Alice Lustre

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Pursuant to stipulation, IT IS SO ORDERED.
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Judge W

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ER

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Stipulation and Order
No. C-97-20618-WA

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____________________________
WILLIAMO ORDERED
ALSUP
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United IStates District Judge
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February 11, 2013

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Dated:
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