Walker v. Martel

Filing 178

STIPULATION AND ORDER re Amended Joint Litigation Schedule for Phase III. Motion cut-off: 10/14/09; Opposition due by: 11/11/09; Reply due: 12/14/09. Case Management Conference set for 2/24/2010 02:30 PM. Motion Hearing set for 1/12/2010 01:00 PM. Signed by Judge Saundra Brown Armstrong, on 3/18/09. (lrc, COURT STAFF) (Filed on 3/26/2009) Modified on 3/27/2009 (jlm, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Douglas R. Young (California Bar No. 073248) Thomas B. Mayhew (California Bar No. 183539) Racheal Turner (California Bar No. 226441) David K. Ismay (California Bar No. 243882) FARELLA BRAUN + MARTEL LLP 235 Montgomery Street, 30th Floor San Francisco, CA 94104 Telephone: (415) 954-4400 Facsimile: (415) 954-4480 Email: dyoung@fbm.com tmayhew@fbm.com rturner@fbm.com Nanci L. Clarence (California Bar No. 122286) Nicole K. Howell (California Bar No. 246078) CLARENCE & DYER 899 Ellis Street San Francisco, CA 94109 Telephone: (415) 703-1335 Facsimile: (415) 703-1234 Email: nclarence@clarencedyer.com nhowell@clarencedyer.com Attorneys for Petitioner MARVIN PETE WALKER, JR. EDMUND G. BROWN, JR. Attorney General of California DANE R. GILLETTE Chief Assistant Attorney General GERALD A. ENGLER Senior Assistant Attorney General GLENN R. PRUDEN Supervising Deputy Attorney General BRUCE ORTEGA [State Bar No. 131145] Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-1335 Facsimile: (415) 703-1234 Email: bruce.ortega@doj.ca.gov Attorneys for Respondent ROBERT L. AYERS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION MARVIN PETE WALKER, Petitioner, vs. ROBERT L. AYERS, Acting Warden, California State Prison at San Quentin, Respondent. CAPITAL CASE Case No. C 94-1997-SBA STIPULATION AND ORDER REGARDING AMENDED JOINT LITIGATION SCHEDULE FOR PHASE III Stip. & [Proposed] Order Re Amended Joint Litigation Schedule / C 94-1997-SBA 1 03898\1893779.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Court's May 8, 2008 Order approved a joint litigation schedule for the remainder of Phase III of this matter. Dkt. No. 166. This Court's September 30, 2008 Order granted Petitioner leave to conduct discovery. Dkt. No. 176. Petitioner has been diligent in seeking to conduct that discovery, but because of the unavailability of a key witness for deposition Dennis Kollenborn, who the court has already given leave to depose, but who is unavailable for deposition for six weeks due to his own trial schedule needs an additional two (2) months to complete discovery. Respondent has agreed that extending the deadlines in this case by two (2) months is acceptable. The parties have met and conferred and stipulate to the following amended joint litigation schedule, which extends the previously approved Phase III schedule dates as follows: (1) Discovery deadlines: (a) Fact discovery cut-off (last day to complete): July 1, 2009. (b) Expert discovery cut-off (last day to complete): August 12, 2009. (2) Briefing schedule for Petitioner's motion for evidentiary hearing: (a) Motion filed by Petitioner on or before October 14, 2009. (b) Opposition filed by Respondent on or before November 11, 2009. (c) Reply filed by Petitioner on or before December 14, 2009. (d) Hearing on motion for evidentiary hearing on January 12, 2010 at 1:00 p.m. (3) The parties propose to have a status conference scheduled for February 24, 2010 at 2:30 p.m. via telephone to discuss scheduling of an evidentiary hearing, in the event this Court grants Petitioner's motion for evidentiary hearing. Plaintiffs shall be responsible for arranging the conference call. All parties shall be on the line and shall call (510) 637-3559 at the above indicated date and time. (4) The parties agree that the page limitations specified in the Local Rules will not apply to the foregoing pleadings. /// /// /// /// Stip. & [Proposed] Order Re Amended Joint Litigation Schedule / C 94-1997-SBA 2 03898\1893779.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// Dated: March 17, 2009 Respectfully submitted, FARELLA BRAUN + MARTEL LLP CLARENCE & DYER Respectfully submitted, EDMUND G. BROWN, JR. Attorney General of California By: /s/ Racheal Turner Racheal Turner By: /s/ Bruce Ortega Bruce Ortega Deputy Attorney General Attorneys for Petitioner MARVIN PETE WALKER Attorneys for Respondent ROBERT L. AYERS I attest that concurrence in the filing of the above stipulation has been obtained from counsel for Respondent Robert L. Ayers. DATED: March 17, 2008 FARELLA BRAUN + MARTEL LLP By: /s/ Racheal Turner Racheal Turner IT IS SO ORDERED. ________________________________ SAUNDRA BROWN ARMSTRONG United States District Judge Stip. & [Proposed] Order Re Amended Joint Litigation Schedule / C 94-1997-SBA 3 03898\1893779.1

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