Clark v. Ayers

Filing 548

STIPULATION AND ORDER RE EXTENSION OF TIME TO FILE REPLY BRIEFING re 547 Stipulation filed by Richard Dean Clark. Signed by Judge William Alsup on 4/10/13. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 4/11/2013)

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JOHN R. GRELE
State Bar No. 167080
1 Blackfield Dr., #158
Tiburon, CA 94920
[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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KEVIN CHAPPELL, Warden of California
State Prison at San Quentin,
California,

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Respondent.

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No. C-97-20618-WHA

STIPULATION AND REQUEST FOR
ORDER RE EXTENSION OF TIME TO
FILE REPLY BRIEFING

DEATH PENALTY CASE

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Counsel for Plaintiff and Defendant, having conferred, it is hereby STIPULATED that:
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WHEREAS Plaintiff’s reply to opposition to motion for evidentiary hearing was due March 8,
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2013, and a stipulation to continue to March 27, 2013 is pending;
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WHEREAS counsel for Plaintiff has been engaged in litigation in the District of Nevada
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concerning a large RICO case with an April 8, 2013 trial date, including preparing a writ of
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mandamus challenging the decision to remove counsel, briefing on jurisdictional issues having been
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ordered by the Circuit;
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Stipulation and Order
No. C-97-20618-WHA

WHEREAS counsel for Plaintiff has been occupied with another death row inmate’s case

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involving questions of the inmate’s competency, including his competency to refuse food and water

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such that he was near death;

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WHEREAS counsel for Plaintiff moved his office on March 1, 2013, which occupied nearly

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two weeks, including a substantial period where counsel was without computer services or access to

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his files, and counsel is still trying to organize his new office and has had limited access to Mr. Clark’s

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files;

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WHEREAS counsel has made progress on the briefing;

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WHEREAS, for personal reasons disclosed to respondent’s counsel, petitioner’s counsel was

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delayed in his progress on the brief;
WHEREAS, and for the above reasons, Plaintiff is requesting an additional three (3) weeks to

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file his reply, to and including April 10, 2013, and Respondent has no objection.
IT IS SO STIPULATED

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Dated: April 5, 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: April 5, 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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Dated:

April 10, 2013

____________________________
WILLIAM ALSUP
United States District Judge

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

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