Simon v. Uribe

Filing 52

ORDER Granting 51 Petitioner's Request for Additional Time to Conduct Discovery. Signed by Judge Thelton E. Henderson on 05/14/15. (tehlc2, COURT STAFF) (Filed on 5/14/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAR-NIQUE SIMON,
Plaintiff,

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v.

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DOMINGO URIBE,
Defendant.

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Case No. 09-cv-05859-TEH
ORDER GRANTING PETITIONER’S
FOURTH REQUEST FOR
ADDITIONAL TIME TO CONDUCT
DISCOVERY

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This matter is before the Court on Petitioner’s request for a 90-day extension to

United States District Court
Northern District of California

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conduct additional discovery regarding the equitable tolling claim at issue in his habeas

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petition. (Docket No. 51). For the foregoing reasons, the Court GRANTS Petitioner’s

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request.

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The Parties are familiar with the history of this case, so the Court here describes

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only relevant recent developments. On September 4, 2014, the Court granted Petitioner’s

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request to conduct additional discovery in order to more fully develop the factual record,

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as instructed by the Ninth Circuit Court of Appeals. (Docket No. 43). On November 3,

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2014, the Parties filed a joint case management statement informing the Court of

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Petitioner’s progress, and requesting an additional 60 days to conduct discovery. (Docket

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No. 44). That request was granted. (Docket No. 46). On January 5, 2015, Petitioner

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requested an extension of time to pursue the discovery authorized in the September 4

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Order; this request was also granted (Docket Nos. 47, 48). On March 9, 2015, the Court

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received a third request for an extension of time to conduct discovery, which was granted.

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(Docket Nos. 49, 50). On May 11, 2015, the court received this fourth request for an

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extension of time to conduct discovery. (Docket No. 51).

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The Court has been informed that Petitioner is now fit to undergo a

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neuropsychological assessment, as authorized by the September 4, 2014 Order Granting

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Additional Discovery. Joint Statement at 8 (Docket No. 51). This evaluation is scheduled

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for July 8-10, 2015. Id. Noting the importance of this evaluation, and the circumstances

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that complicated attempts to complete earlier assessments, the Court hereby GRANTS

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Petitioner’s request for an additional 90 days to conduct discovery. On or before August

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12, 2015, the parties shall file a joint case management statement informing the Court of

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Petitioner’s progress.

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IT IS SO ORDERED.

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Dated: 05/14/15

_____________________________________
THELTON E. HENDERSON
United States District Judge

United States District Court
Northern District of California

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