Clark v. Ayers

Filing 505

STIPULATION AND ORDER re 504 MOTION for Extension of Time to File. Signed by Chief Judge James Ware on July 23, 2012. (wsn, COURT STAFF) (Filed on 7/23/2012)

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S ER FO LI LYNNE COFFIN State Bar No. 121389 38 Miller Ave., #328 Mill Valley, CA 94941 (415) 383-2432 R NIA es Ware m Judge Ja A H 6 RT 4 5 ERED O ORD IT IS S NO 3 UNIT ED 2 JOHN R. GRELE State Bar No. 167080 149 Natoma, St, 3rd Floor San Francisco, California 94105 (415) 348-9300 (telephone) (415) 348-0364 (fax) RT U O 1 S DISTRICT TE C TA N F D IS T IC T O R C 7 8 Attorneys for Petitioner RICHARD DEAN CLARK 9 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 RICHARD DEAN CLARK, 15 Petitioner, 16 vs. 17 18 19 MICHAEL MARTEL, ActingWarden of California State Prison at San Quentin, California, 20 Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) No. C-97-20618-JW STIPULATION AND ORDER FOR ADDITIONAL TIME TO FILE EVIDENTIARY SUBMISSION DEATH PENALTY CASE 21 Pursuant to the party's previous submission, discovery was to be completed and an evidentiary 22 hearing motion filed by July 10, 2012. a further request was submitted to have the evidentiary 23 submission completed by July 18, 2012 based on petitioner’s counsel’s unavailability due to the lethal 24 injection litigation, and the absence of complete transcripts for the depositions. 25 Petitioner's counsel has nearly completed the evidentiary submission. It is rather lengthy and 26 needs substantial editing. However, he has not been able to complete the briefing for personal reasons 27 disclosed to Respondent’s counsel, as well as the continuing need to attend to the lethal injection 28 litigation. Final and certified copies of the depositions were completed by all the reporters and Status Report and Request for Amendment No. C-97-20618-JW 1 delivered today. 2 Petitioner’s counsel will be able to submit it by July 22, 2013. 3 Respondent's counsel agrees to this request. 4 Dated: July 19, 2012 Respectfully submitted, 5 JOHN R GRELE LYNNE S. COFFIN Attorneys for Petitioner RICHARD DEAN CLARK 6 7 8 By:_____/s/___________________ John R Grele 9 10 11 Dated: July 19, 2012 ALICE LUSTRE Attorney for Respondent 12 By:______/s/__________________ 13 14 15 Pursuant to stipulation, IT IS SO ORDERED. Dated: July 23, 2012 ____________________________ JAMES WARE United States Chief District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 Status Report and Request for Amendment No. C-97-20618-JW 2

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