Dale v. Fernandez et al

Filing 147

ORDER GRANTING 146 STIPULATION RE: WRIT OF HABEAS CORPUS AD TESTIFICANDUM AND ORDER TO TRANSFER INMATE DEXTER E. DALE. Signed by Judge Jeffrey S. White on 7/16/12. (jjoS, COURT STAFF) (Filed on 7/16/2012)

Case3:05-cv-01842-JSW Document146 Filed07/13/12 Page1 of 3

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H. JOSEPH ESCHER, III (No. 85551)
[e-mail]
AMY THAYER (No. 266142)
[e-mail]
CARL GISMERVIG (No. 267930)
[e-mail]
DECHERT LLP
One Maritime Plaza Suite 2300
San Francisco, California 94111-3513
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Dexter E. Dale

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KAMALA D. HARRIS
Attorney General of California
JOHN DEVINE
Supervising Deputy Attorney General
DANIEL ALWEISS
Deputy Attorney General
State Bar No. 191560
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Facsimile: 415 703-5480
E-mail: [e-mail]
Attorneys for Defendants
Fernandez and Lough

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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No. C 05-1842 JSW

DEXTER E. DALE,
Plaintiff,
v.
L. FERNANDEZ AND L. LOUGH
Defendants.

STIPULATION AND [PROPOSED]
WRIT OF HABEAS CORPUS AD
TESTIFICANDUM AND ORDER TO
TRANSFER INMATE DEXTER E.
DALE (D-14750)
Dept:
Judge:

Courtroom 11, 19th Floor
Hon. Jeffrey S. White

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STIPULATION AND [PROPOSED] WRIT OF HABEAS CORPUS AD TESTIFICANDUM No. C 05-1842 JSW

Case3:05-cv-01842-JSW Document146 Filed07/13/12 Page2 of 3

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STIPULATION

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at the Correctional Training Facility in Soledad, California in the custody of the Warden;

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Plaintiff in this action, Dexter E. Dale, CDCR No. D-14750, is a prisoner-inmate

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Plaintiff is a necessary and material witness at the trial in this action, which is

scheduled to commence on August, 6, 2012;

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3.

In order to secure Plaintiff’s attendance at trial, it is necessary that a Writ of

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Habeas Corpus Ad Testificandum issue commanding the custodian of Dexter E. Dale to produce

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him at trial;

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4.

Counsel for Plaintiff and Defendants have met and conferred and agreed that

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Plaintiff shall be transferred to San Quentin State Prison approximately one week prior to trial to

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enable counsel for Plaintiff to prepare him for trial;

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Therefore, pursuant to Local Rule 7-12, Plaintiff and Defendants, through counsel, hereby

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submit this stipulated request for a Writ of Habeas Corpus Ad Testificandum and Order to

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Transport Inmate Dexter Dale.

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Dated: July 13, 2012

DECHERT LLP
By:

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/s/

Amy Thayer
AMY THAYER

Counsel for Plaintiff DEXTER E. DALE

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CALIFORNIA STATE ATTORNEY GENERAL’S
OFFICE

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By:

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/s/

Daniel Alweiss1
DANIEL ALWEISS

Counsel for Defendants L. FERNANDEZ and
L. LOUGH

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Pursuant to General Order 45(X), the filer of this document hereby attests that concurrence in
the filing of the document has been obtained from Daniel Alweiss.

STIPULATION AND [PROPOSED] WRIT OF HABEAS CORPUS AD TESTIFICANDUM No. C 05-1842 JSW

Case3:05-cv-01842-JSW Document146 Filed07/13/12 Page3 of 3

[PROPOSED] ORDER

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ACCORDINGLY, IT IS ORDERED that:

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A Writ of Habeas Corpus Ad Testificandum shall issue commanding the Warden of the

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Correctional Training Facility in Soledad, California to produce Dexter E. Dale, CDCR No. D-

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14750, to San Quentin State Prison not later than July 30, 2012, where he will remain from day to

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day until completion of the trial.

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A Writ of Habeas Corpus Ad Testificandum shall issue commanding the Warden of San

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Quentin State Prison to produce Dexter E. Dale, CDCR No. D-14750, for pickup by the U.S.

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Marshals service at 6:30 a.m. on August 6, 2012, and on each trial day thereafter until completion

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of the trial.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM

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TO THE WARDEN OF Correctional Training Facility in Soledad, California:

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YOU ARE ORDERED to produce Dexter E. Dale, CDCR No. D-14750, to San Quentin

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State Prison not later than July 30, 2012, where he will remain from day to day until completion

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of the trial.

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TO THE WARDEN OF San Quentin State Prison, California:

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YOU ARE ORDERED to produce Dexter E. Dale, CDCR No. D-14750, for pickup by the

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U.S. Marshals service at 6:30 a.m. on August 6, 2012, and on each trial day thereafter until

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completion of the trial.

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IT IS SO ORDERED.

July 16, 2012

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THE HONORABLE JEFFREY S. WHITE
United States District Judge

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STIPULATION AND [PROPOSED] WRIT OF HABEAS CORPUS AD TESTIFICANDUM No. C 05-1842 JSW