Cary W. Williams v. E. K. McDaniel, et al (DEATH PENALTY)

Filing 288

ORDER. IT IS ORDERED The evidentiary hearing will commence on 1/24/2022 at 09:00 AM in LV Courtroom 6C. See Order for Details. Signed by Judge Andrew P. Gordon on 1/14/2021. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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Cary Wallace Williams,

Case No. 2:98-cv-00056-APG-VCF

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Petitioner,
v.

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Scheduling Order for Evidentiary Hearing

William Gittere, et al.,

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Respondents.

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I have considered the parties’ joint notice regarding the evidentiary hearing in this capital
habeas case. ECF No. 287. The following schedule will govern the evidentiary hearing:

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The Evidentiary Hearing

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The evidentiary hearing will commence on January 24, 2022, at 9:00 am., in Las Vegas

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courtroom 6C.

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First Disclosure of Experts

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By October 5, 2021, the parties will disclose to each other the names of any experts who

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will testify, accompanied by a written report for each expert in compliance with Fed. R. Civ. P.

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26(a)(2)(B). Such disclosure will be made by e-mail or other informal means. The parties need

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not file formal notices.

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Second Disclosure of Experts

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By October 19, 2021, the parties will disclose to each other the names of any rebuttal

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experts, accompanied by a written report for each expert in compliance with Fed. R. Civ. P.

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26(a)(2)(B). Such disclosure will be made by e-mail or other informal means. The parties need

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not file formal notices.

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Pre-Hearing Briefs

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Williams will submit a pre-hearing brief by November 16, 2021. The respondents will

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file a responsive pre-hearing brief by November 30, 2021. Williams may file a reply to the

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respondents’ brief by December 7, 2021.

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Witness List and Exhibit List

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The parties will file witness lists and exhibit lists no later than December 10, 2021. The

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parties will file a joint exhibit list, identifying the exhibits they agree are admissible. The parties

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will file separate lists of exhibits that the parties do not agree are admissible.

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Pre-Hearing Motions
The parties will file any pre-hearing motions by December 17, 2021. The schedule for
the briefing of such motions will be as set forth in Local Rule 7-2(b).

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Marking and Submission of Exhibits

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The parties are to contact Melissa Johansen, at 702-464-5415, no less than five calendar

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days before the evidentiary hearing to arrange to mark and submit exhibits.

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Status Reports

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At three-month intervals beginning on April 12, 2021, and continuing until the hearing,

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the parties will file joint status reports regarding the feasibility of adhering to this scheduling

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order in light of the COVID-19 pandemic.

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Dated: January 14, 2021

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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