KEVIN JAMES LISLE v. E.K. MCDANIEL

Filing 387

ORDER adopting ECF No. 386 Stipulation : No later than March 20, 2020, the parties are to either file Dr. Piasecki's report and supporting documents as described in paragraphs 14 and 15 of the July 5, 2019 stipulation and order (ECF No. 363 ), or file a joint statement or stipulation explaining the delay and proposing a new schedule. Signed by Chief Judge Miranda M. Du on 3/16/2020. (Copies have been distributed pursuant to the NEF - DRM)

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RENE L. VALLADARES
Federal Public Defender
Nevada Bar No. 11479
DAVID ANTHONY
Assistant Federal Public Defender
Nevada Bar No. 7978
[e-mail]
STACY M. NEWMAN
Assistant Federal Public Defender
Nevada Bar No. 14245
[e-mail]
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[phone] (fax)

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Attorneys for Petitioner

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KEVIN JAMES LISLE,

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Petitioner,

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v.
WILLIAM GITTERE, Warden, Ely State
Prison, AARON FORD, Nevada Attorney
General,
Respondents.

Case No. 2:03-cv-01006-MMD-DJA
STIPULATION AND PROPOSED
ORDER
(DEATH PENALTY CASE)

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On March 4, 2020, this Court ordered that:
[T]he parties are to either file Dr. Piasecki’s report and
supporting documents as described in paragraphs 14 and
15 of the July 5, 2019 stipulation and order (ECF No.
363), or file a joint statement or stipulation explaining the
delay and proposing a new schedule.

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ECF No. 385 at 2.
Since this Court issued its order, the parties have not had an opportunity to
speak with Dr. Piasecki about the status of her report. Thus, the parties enter this
stipulation, and request ten additional days to comply with the Court’s order.
IT IS HEREBY STIPULATED AND AGREED that:
1. On Wednesday, March 4, 2020, this Court ordered the parties to file a joint
stipulation or Dr. Piasecki’s report. See ECF No. 385. That same day, the parties
attempted to schedule a time to discuss this Court’s order and coordinate a
response.
2. Owing to schedules, this phone call did not occur until Friday morning on
March 6, 2020. The parties agreed to e-mail Dr. Piasecki to ask if she could offer an
estimate for how long until her report could be filed.
3. Shortly after the phone call, still on Friday morning, the parties e-mailed the
inquiry to Dr. Piasecki.
4. On Monday afternoon, March 9, 2020 the parties had still not heard back
from Dr. Piasecki, and they exchanged e-mails about coordinating an attempt to call
Dr. Piasecki. The parties then jointly called Dr. Piasecki and left a voicemail
requesting that she respond to the previously sent e-mail. The parties agreed they

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would initiate a phone conference the following morning, today, at 9:30 am to again

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try to reach Dr. Piasecki.

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5. Shortly before the call, Dr. Piasecki, sent an e-mail to the parties: “Thanks

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for the call regarding report date. I’m traveling and in court today and will respond

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ASAP.” The parties sent a follow-up e-mail asking for an estimate on when the

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report would be completed.

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6. As of the time of the filing of this stipulation, the parties have still not heard
back from Dr. Piasecki.
7. The parties request an additional ten days to comply with this Court’s March

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3, 2020 order. Upon receiving word from Dr. Piasecki, the parties anticipate

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complying with the Court’s March 3, 2020 order with all due haste; the ten days

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requested here is in an abundance of caution because the parties cannot be sure

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when they will hear back from Dr. Piasecki.

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8. In all other respects, the parties will continue to comply with the July 5, 2019
stipulation.
DATED this 10th day of March, 2020
RENE L. VALLADARES
Federal Public Defender

AARON FORD
Nevada Attorney General

/s/ David Anthony

/s/ Michael Bongard

DAVID ANTHONY
Assistant Federal Public Defender

MICHAEL BONGARD
Deputy Attorney General

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ORDER
Based on the stipulation and for good cause shown, it is hereby ordered that
the Court adopts the parties’ proposed stipulation dated March 10, 2020.
It is therefore ordered that, no later than March 20, 2020, the parties are to

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either file Dr. Piasecki’s report and supporting documents as described in

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paragraphs 14 and 15 of the July 5, 2019 stipulation and order (ECF No. 363), or

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file a joint statement or stipulation explaining the delay and proposing a new

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schedule.

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16th
March
Dated this _______ day of _____________

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MIRANDA M. DU
Chief United States District Judge

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