Morales v. Tilton

Filing 425

SCHEDULING ORDER. Signed by Judge Jeremy Fogel on 10/5/2010. (jflc2, COURT STAFF) (Filed on 10/5/2010)

Download PDF
Morales v. Cate, et al Doc. 425 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 v. Matthew CATE, Secretary of the California Department of Corrections and Rehabilitation, et al., Defendants. Michael Angelo MORALES and Albert Greenwood Brown, Plaintiffs, UNITED STATES DISTRICT COURT **E-Filed 10/5/2010** FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case Number 5-6-cv-219-JF-HRL Case Number 5-6-cv-926-JF-HRL DEATH-PENALTY CASE SCHEDULING ORDER Good cause appearing therefor, the Court enters the following scheduling order: 1. Plaintiffs shall file an amended complaint setting forth their claims with respect to California's new lethal-injection regulations on or before Friday, October 8, 2010; 2. Defendants shall respond to the amended complaint on or before Monday, October 25, 2010; 3. The parties shall complete discovery on or before Friday, December 3, 2010; 4. The parties shall submit simultaneous briefing on or before Monday, December 20, 2010, addressing the need for and timing of a further evidentiary hearing (including but not limited to proceedings to be held at San Quentin State Prison), the issues to be addressed at such a hearing, and the amount of court time required for such a hearing; C a s e Nos. 5-6-cv-219-JF-HRL & 5-6-cv-926-JF-HRL S C H E D U L IN G ORDER (D P S A G O K ) Dockets.Justia.com 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 5. On an ongoing basis, Defendants shall keep the Court fully informed of the status of any orders they have placed for sodium thiopental. It is the Court's understanding that Defendants will not seek to obtain any execution dates until at least thirty days after the conclusion of any further evidentiary hearing in the present action. The Court intends to resolve this action as expeditiously as possible, and it expects that this order will not have any actual effect upon the scheduling of future executions, as Defendants have represented that they will be unable to carry out any executions until after they replenish their supply of sodium thiopental once "additional supplies [become] available in the first quarter of 2011." (Doc. No. 420 at 2.) IT IS SO ORDERED. DATED: October 5, 2010 __________________________________ JEREMY FOGEL United States District Judge 2 C a se Nos. 5-6-cv-219-JF-HRL & 5-6-cv-926-JF-HRL S C H E D U L IN G ORDER (D P S A G O K )

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?