Henderson v. California Department of Correction and Rehabilitation et al

Filing 230

STIPULATION AND ORDER OF WRIT OF HABEAS CORPUS AD TESTIFICANDUM: That the Warden of Corcoran State Prison to produce Curtis Lee Henderson, Sr., H-43488, to San Quentin State Prison no later than 07/06/11; and to Courtroom 1 U.S. District Court, 1301 Clay Street, 4th Floor, Oakland, California, 94612, on 07/18/11 at 8:30 a.m. re 219 Stipulation. Signed by Judge Saundra Brown Armstrong, on 6/21/11. (lrc, COURT STAFF) (Filed on 6/22/2011) Modified on 6/23/2011 (jlm, COURT STAFF). Modified on 6/23/2011 (jlm, COURT STAFF).

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KEKER & VAN NEST LLP
RACHAEL E. MENY - #178514
[e-mail]
BENEDICT Y. HUR - #224018
[e-mail]
R. ADAM LAURIDSEN - #243780
[e-mail]
SHARIF E. JACOB - #257546
[e-mail]
710 Sansome Street
San Francisco, CA 94111-1704
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
CURTIS LEE HENDERSON, SR.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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CURTIS LEE HENDERSON, SR.,

Case No. C07-2838-SBA

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Plaintiff,
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v.
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STIPULATION AND WRIT OF HABEAS
CORPUS AD TESTIFICANDUM AND
ORDER TO TRANSPORT INMATE
CURTIS LEE HENDERSON (H-43488)

J. PETERSEN, et al.,
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Defendants.
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Judge:
Hon. Saundra B. Armstrong
Date Comp. Filed:
May 31, 2007
Trial Date:
July 18, 2011

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562264.01

STIPULATION AND [PROPOSED] WRIT OF HABEAS CORPUS AD TESTIFICANDUM
AND ORDER TO TRANSPORT INMATE
CASE NO. C07-2838-SBA

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STIPULATION
Whereas the Plaintiff in this action, Curtis Lee Henderson, CDCR No. H-43488, is
confined at California State Prison, Corcoran in the custody of the Warden;
Whereas, in its February 2, 2011 Order for Pretrial Preparation, the Court set trial for five

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trial days beginning on July 18, 2011, at 8:30 a.m., at Courtroom 1 of the United States

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Courthouse, 1301 Clay Street, 4th Floor, Oakland, California, 94612 before Hon. Saundra Brown

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Armstrong;

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Whereas, “[t]he Court’s trial hours are from 8:30 a.m. to 2:00 p.m., with two fifteenminute breaks, on Monday, Wednesday, Thursday and Friday;”
Whereas, in the Order for Pretrial Preparation, the Court ordered that, “On the first day of

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trial all parties are required to have someone in Court with full Settlement Authority;”

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Whereas Plaintiff is a necessary and material witness at the trial in this action;

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Whereas, 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 Curtis Lee Henderson to

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produce said inmate to the trial;

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Whereas counsel for Plaintiff and Defendants have met and conferred and agreed that

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Plaintiff shall be transferred approximately two weeks prior to trial to enable counsel for Plaintiff

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to avoid travel costs they would otherwise have to incur for pretrial preparation; and

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Whereas, pursuant to General Order No. 45, § 10(B), Julianne Mossler, counsel for

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Defendants, has given Sharif E. Jacob, counsel for Plaintiff, permission to electronically sign this

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stipulation and proposed writ and order on her behalf;

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562264.01

STIPULATION AND [PROPOSED] WRIT OF HABEAS CORPUS AD TESTIFICANDUM
AND ORDER TO TRANSPORT INMATE
CASE NO. C07-2838-SBA

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

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

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to Transport Inmate Curtis Lee Henderson.

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Dated: June 16, 2011

KEKER &VAN NEST LLP

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By: /s/ Sharif E. Jacob
SHARIF E. JACOB
Attorneys for Plaintiff
CURTIS LEE HENDERSON, SR.

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Dated: June 16, 2011

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By: /s/ Julianne Mossler
JULIANNE MOSSLER
Deputy Attorney General
Attorneys for Defendants

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562264.01

STIPULATION AND [PROPOSED] WRIT OF HABEAS CORPUS AD TESTIFICANDUM
AND ORDER TO TRANSPORT INMATE
CASE NO. C07-2838-SBA

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ORDER

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ACCORDINGLY, IT IS ORDERED that:

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A Writ of Habeas Corpus Ad Testificandum issue, under the seal of this court,

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commanding the Warden of California State Prison, Corcoran to produce Curtis Lee Henderson,

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Sr., CDCR No. H-43488,

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(1)

to San Quentin State Prison not later than July 6, 2011, and from day to day until

completion of the trial or as ordered by the Court; and
(2)

to Courtroom 1 of the United States Courthouse, 1301 Clay Street, 4th Floor,

Oakland, California, 94612, at 8:30 a.m. on July 18, 2011 and on each trial day thereafter until
completion of the trial or as ordered by the Court.

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WRIT OF HABEAS CORPUS AD TESTIFICANDUM

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TO THE WARDEN OF CALIFORNIA STATE PRISON, CORCORAN:

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YOU ARE ORDERED to produce Curtis Lee Henderson, Sr., CDCR No. H-43488,

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(1)

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to San Quentin State Prison not later than July 6, 2011, and from day to day until

completion of the trial or as ordered by the Court; and
(2)

to Courtroom 1 of the United States Courthouse, 1301 Clay Street, 4th Floor,

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Oakland, California, 94612, at 8:30 a.m. on July 18, 2011 and on each trial day thereafter until

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completion of the trial or as ordered by the Court.

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IT IS SO ORDERED.

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DATED: 6/21/11

______________________________________
HON. SAUNDRA B. ARMSTRONG
JUDGE OF THE UNITED STATES
DISTRICT COURT, NORTHERN
DISTRICT OF CALIFORNIA

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562264.01

STIPULATION AND [PROPOSED] WRIT OF HABEAS CORPUS AD TESTIFICANDUM
AND ORDER TO TRANSPORT INMATE
CASE NO. C07-2838-SBA