Morales v. Tilton

Filing 385

ORDER SETTING JOINT STATUS CONFERENCE. A Status Conference is set for 9/21/2010 at 3:00 PM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 9/2/2010. (jflc2, COURT STAFF) (Filed on 9/2/2010)

Morales v. Tilton

Doc. 385

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 Good cause appearing therefor, the Court will hold a joint status conference in the abovecaptioned actions on September 21, 2010, at 3:00 p.m. In addition to any other issues they may wish to address, the parties should be prepared to discuss the following: v. Matthew CATE, Secretary of the California Department of Corrections and Rehabilitation, et al., Defendants. v. Matthew CATE, Secretary of the California Department of Corrections and Rehabilitation, et al., Defendants. PACIFIC NEWS SERVICE, Plaintiff, Case Number 5-6-cv-1793-JF-HRL DEATH-PENALTY CASE ORDER SETTING JOINT STATUS CONFERENCE ORDER SETTING JOINT STATUS CONFERENCE Michael Angelo MORALES, Plaintiff, DEATH-PENALTY CASE Case Number 5-6-cv-219-JF-HRL Case Number 5-6-cv-926-JF-HRL UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION **E-Filed 9/2/2010**

C a s e Nos. 5-6-cv-219-JF-HRL, 5-6-cv-926-JF-HRL, & 5-6-1793-JF-HRL O R D E R SETTING JOINT STATUS CONFERENCE (D P S A G O K )

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1. The status of Morales v. California Department of Corrections and Rehabilitation, No. CIV 061436 (Cal. Super. Ct. Marin Cnty. filed Apr. 5, 2006), including the status of any appeals from the order entered by the Marin Superior Court on August 31, 2010; 2. The status of Sims v. California Department of Corrections and Rehabilitation, No. CIV 1004019 (Cal. Super. Ct. Marin Cnty. filed Aug. 2, 2010); 3. The status of any and all execution dates currently being sought or that have been obtained by the State of California, including but not limited to that of Plaintiff Michael Angelo Morales; 4. Whether there are any steps this Court can or should take pending resolution of the status of the injunction against executions issued by the Marin Superior Court, such as visiting the new execution chamber or establishing a framework for any future federal proceedings (e.g., setting a deadline for amendment of the complaints, determining the need for and extent of any discovery, and determining the amount of time necessary for briefing); 5. The appropriate scope of any future proceedings in this Court in light of Baze v. Rees, 553 U.S. 35 (2008), including the relevance, if any, of alternatives to the three-drug lethalinjection protocol that have been implemented subsequent to the evidentiary hearing held in Morales v. Cate and the issuance of the Supreme Court's decision in Baze (e.g., the one-drug lethal-injection protocols adopted by the States of Ohio and Washington), see Baze, 553 U.S. at 52 (plurality op.); id. at 57 (plurality op.). IT IS SO ORDERED.

DATED: September 2, 2010

__________________________________ JEREMY FOGEL United States District Judge

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C a se Nos. 5-6-cv-219-JF-HRL, 5-6-cv-926-JF-HRL, & 5-6-1793-JF-HRL O R D E R SETTING JOINT STATUS CONFERENCE (D P S A G O K )