Clark v. Ayers

Filing 550

STIPULATION AND ORDER re 549 STIPULATION WITH PROPOSED ORDER to Extend Time to File reply filed by Richard Dean Clark. Signed by Judge William Alsup on 5/6/13. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 5/6/2013)

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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 April 10,
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2013;
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WHEREAS counsel for Plaintiff had 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, and then had to prepare a writ of
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mandamus challenging the decision to remove counsel, briefing on jurisdictional issues that was
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ordered by the Circuit to be filed April 10, 2013, and an application for a stay that was filed on April
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22, 2013;

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

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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 and counsel is still trying
to organize his new office and has had limited access to Mr. Clark’s files;
WHEREAS counsel was occupied this past two weeks with efforts to settle a Los Angeles
County civil case with a May 29, 2013 trial date, and to prepare for that trial;

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WHEREAS counsel has made significant progress on the briefing;

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WHEREAS, and for the above reasons, Plaintiff is requesting to and including May 6, 2013 to

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file his Reply, and Respondent has no objection.
IT IS SO STIPULATED

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Dated: May 3, 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: May 3, 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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Stipulation and Order
No. C-97-20618-WHA

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FO

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ERE

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IT IS S

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UNIT
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S DISTRIC

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____________________________
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WILLIAM ALSUP
United States District Judge
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Dated: May 6, 2013

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