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

Filing 296

ORDER Granting 295 Stipulation re Deposition Testimony of Dr. Erin Bigler and Remaining Deadlines. Signed by Judge Andrew P. Gordon on 2/9/2022. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:98-cv-00056-APG-VCF Document 296 Filed 02/09/22 Page 1 of 6

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Rene L. Valladares
Federal Public Defender
Nevada Bar No. 11479
Randolph M. Fiedler
Assistant Federal Public Defender
Nevada Bar No. 12577
[e-mail]
Heather Fraley
Assistant Federal Public Defender
Texas Bar No. 24050621
[e-mail]
Brad D. Levenson
Assistant Federal Public Defender
California Bar No. 166073
[e-mail]
411 E. Bonneville Ave., Ste. 250
Las Vegas, NV 89101
[phone]
[phone] (fax)

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Attorneys for Petitioner

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Cary Williams,

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Petitioner,
v.
William Gittere, et al.,
Respondents.

Case No. 2:98-cv-00056-APG-VCF
Stipulation and Proposed
Scheduling Order Regarding:
(1) Deposition Testimony of Dr.
Erin Bigler; and (2) Remaining
Deadlines
DEATH PENALTY CASE

Case 2:98-cv-00056-APG-VCF Document 296 Filed 02/09/22 Page 2 of 6

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Last fall, the parties filed a Stipulation and Proposed Scheduling Order to

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Continue Proceedings 90 days. 1 This Court accepted the stipulation, adopted the

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proposed deadlines, and scheduled the evidentiary hearing to begin on May 16,

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2022. 2

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IT IS HEREBY STIPULATE AND AGREED that:

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1.

In anticipation of the hearing, the parties have been conferring

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regarding two issues. First, one of Mr. Williams’s experts, Dr. Erin Bigler, is very

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ill. The parties have conferred regarding deposing Dr. Bigler and presenting his

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deposition in court under Fed. R. Civ. P. 32(a). The parties agree that Dr. Bigler

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“cannot attend or testify [at the hearing] because of . . . illness . . . .” Fed. R. Civ. P.

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32(a)(4). Thus, the parties have agreed to depose Dr. Bigler on March 23, 2022. This

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deposition will occur virtually starting at 10 a.m. The parties agree this deposition

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will be admissible, subject to the conditions imposed under Fed. R. Civ. P. 32(a).

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Williams will the bear the costs, including the audiovisual recording costs.

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2.

Second the parties have conferred regarding the remaining deadlines

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in this case. Counsel for Mr. Williams requires an additional two weeks to complete

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his Prehearing Brief. Accordingly, counsel have come to a proposed agreement

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regarding the remaining deadlines previously set by this Court. The schedule

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proposed below does not change the hearing date, or the date to contact chambers

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for marking exhibits: Williams’s prehearing brief is moved two weeks from its

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ECF No. 291.
ECF No. 292.
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Case 2:98-cv-00056-APG-VCF Document 296 Filed 02/09/22 Page 3 of 6

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current deadline; all other deadlines are moved three weeks from their current

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deadlines.

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3.

The parties ask this Court to modify its previous order and adopt the

following schedule for this evidentiary hearing:

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(a) The evidentiary hearing will take place starting on May 16, 2022.

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(b) Mr. Williams’s pre-hearing brief will be due on February 28, 2022.

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The State’s responsive pre-hearing brief will be due on March 21,

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2022. Mr. Williams’s reply will be due on March 28, 2022.

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(c) The witness lists and exhibits list will be due on March 31, 2022.

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(d) Pre-hearing motions will be due on April 7, 2022. Any oppositions
or replies will be governed by LR 7-2(b).

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(e) No later than five days before the hearing begins, the parties will
mark and submit exhibits.

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Case 2:98-cv-00056-APG-VCF Document 296 Filed 02/09/22 Page 4 of 6

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(f) The parties will continue to file status reports at three-month
intervals, consistent with the January 14, 2021 order.
Dated this 8th day of February, 2022.
Rene L. Valladares
Federal Public Defender

Aaron Ford
Attorney General of Nevada

/s/ Randolph M. Fiedler

/s/ Jessica Perlick

/s/ Heather Fraley

/s/ Charles L. Finlayson

Randolph M. Fiedler
Assistant Federal Public Defender

Jessica Perlick
Senior Deputy Attorney General

Heather Fraley
Assistant Federal Public Defender

Charles L. Finlayson
Senior Deputy Attorney General

/s/ Brad Levenson

Brad Levenson
Assistant Federal Public Defender

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Case 2:98-cv-00056-APG-VCF Document 296 Filed 02/09/22 Page 5 of 6

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O RDER
The parties have submitted a stipulation requesting this Court modify the

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scheduling order and accept the parties’ position on deposing Dr. Bigler. Based on

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this stipulation and for good cause shown, it is hereby ordered that the following

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schedule will govern the evidentiary hearing.

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The Evidentiary Hearing

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The evidentiary hearing will commence on May 16, 2022, at 9:00 a.m., in Las

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Vegas courtroom 6C.
The Deposition of Dr. Erin Bigler
The deposition of Dr. Erin Bigler will occur on March 23, 2022, at 10:00

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a.m., virtually. Dr. Bigler cannot attend the hearing in this case because of illness.

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This deposition will be admissible during the hearing, subject to the conditions of

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Fed. R. Civ. P. 32(a).

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Pre-Hearing Briefs

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Williams will submit a pre-hearing brief by February 28, 2022. The

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respondents will file a responsive pre-hearing brief by March 21, 2022. Williams

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may file a reply to the respondents’ brief by March 28, 2022.

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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 March 31,

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2022. The parties will file a joint exhibit list, identifying the exhibits they agree are

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

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agree are admissible.

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Case 2:98-cv-00056-APG-VCF Document 296 Filed 02/09/22 Page 6 of 6

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Pre-Hearing Motions

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The parties will file any pre-hearing motions by April 7, 2022. The schedule

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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

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[e-mail], no less than five calendar days before the

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evidentiary hearing to arrange to mark and submit exhibits.

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Status Reports

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The parties will continue to file, at three-month intervals and continuing

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until the hearing, joint status reports regarding the feasibility of adhering to this

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scheduling order in light of the COVID-19 pandemic, consistent with this Court’s

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January 14, 2022 order. See ECF No. 288 at 2.

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9th
February
Dated this ______ day of __________________, 2022.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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