Truong v. Runnels

Filing 25

ORDER APPROVING STIPULATION. The time to comply with the Amended Order Directing Parties to Supplement Record is extended to July 2, 2010. Signed by Judge Maxine M. Chesney on May 28, 2010. (mmclc1, COURT STAFF) (Filed on 5/28/2010)

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EDMUND G. BROWN JR. Attorney General of California PEGGY S. RUFFRA Supervising Deputy Attorney General VIOLET M. LEE Deputy Attorney General State Bar No. 77144 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Respondent IN THE UNITED STATES DISTRICT COURT

9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. On May 13, 2010, Respondent received the Court's Order Directing Parties to Supplement Record. Respondent's counsel, Deputy Attorney General Violet M. Lee, immediately called the San Francisco District Attorney's Office to request that the file in the case of People v. Hi Quoc Truong be retrieved from storage. The file was ordered from storage on May 17, 2010. 2. On May 18, 2010, Respondent sent Deputy District Attorney Lailah Morris by facsimile the Court's Amended Order Directing Parties to Supplement Record. 3. In an effort to coordinate efforts to comply with this Court's order, Petitioner's counsel and Respondent's counsel conferred by phone on May 17, 19, 26, and 27, 2010.
1 Stipulation and Order (C 06-4235 MMC)

HI QUOC TRUONG,

C 06-4235 MMC Petitioner, STIPULATION AND ORDER

v. D.L. RUNNELS, in his capacity as Warden of the High Desert State Prison, Respondent.

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4. On May 18, 2010, Petitioner's counsel ordered trial counsel's file from storage and received three boxes the next day. 5. As of May 27, 2010, the San Francisco District Attorney's Office has yet to receive the file in People v. Hi Quoc Truong. Until Respondent has access to the file, Petitioner and Respondent are unable to comply with the Court's order. 6. For the reasons stated, the parties need additional time to comply with the Court's order. Dated: May 27, 2010 Respectfully submitted, Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California By: _/s/ Cliff Gardner_____________ Cliff Gardner By:_/s/ Violet M. Lee_________ Violet M. Lee Deputy Attorney General Attorneys for Respondent DAVID RUNNELS

Attorneys for Petitioner HI QUOC TRUONG

Pursuant to the stipulation of the parties and good cause having been shown, the time to 18 comply with the Amended Order Directing Parties to Supplement Record is extended to July 2, 19 2010. 20 21 IT IS SO ORDERED. 22 23 24 25 26 27 28
SF2008401162 40459462.doc 2 Stipulation and Order (C 06-4235 MMC)

May 28, 2010 DATED: ______________________

_______________________________ MAXINE M. CHESNEY United States District Judge