KEVIN JAMES LISLE v. E.K. MCDANIEL

Filing 466

ORDER granting ECF No. 465 Stipulation. Depositions in this case are to be completed by September 6, 2021. The minute order entered on June 4, 2021 otherwise remains in effect. Signed by Chief Judge Miranda M. Du on 8/26/2021. (Copies have been distributed pursuant to the NEF - SC)

Case 2:03-cv-01006-MMD-DJA Document 466 Filed 08/26/21 Page 1 of 4

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Rene L. Valladares
Federal Public Defender
Nevada Bar No. 11479
*David Anthony
Assistant Federal Public Defender
Nevada State Bar No. 7978
[e-mail]
*Stacy Newman
Assistant Federal Public Defender
Nevada State Bar No. 14245
[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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Kevin James Lisle,

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Petitioner,
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.

Case 2:03-cv-01006-MMD-DJA Document 466 Filed 08/26/21 Page 2 of 4

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On June 4, 2021, this Court issued a minute order setting a schedule for

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discovery related to Petitioner Kevin Lisle’s March 20, 2021 Declaration. See ECF

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Nos. 462, 455-1. The Court ordered that the parties have 45 days to schedule and

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conduct depositions following Mr. Lisle’s requests for production and the State’s

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disclosure of documents.
Because a scheduling issue will prevent completion of the depositions within

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this 45-day timeframe, the parties enter this stipulation to extend the time by one

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week.

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IT IS HEREBY STIPULATED AND AGREED that:
1.

On June 14, 2021, counsel for Mr. Lisle served on counsel for the State

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requests for production of documents. On July 14 and 15, 2021, Mr. Lisle received

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documents from the State in response to these requests for production. Forty-five

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days from July 15, 2021 is August 29, 2021, a Sunday, making the deadline to

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complete depositions August 30, 2021.

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2.

On July 16, 2021, counsel for Mr. Lisle emailed counsel for the State to

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schedule the depositions. In early August, counsel for both parties conferred about

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the depositions, reaching a tentative agreement. On August 9, 2021, counsel for Mr.

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Lisle served subpoenas on opposing counsel, who had previously agreed to accept

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service by email, for depositions to occur the week of August 23, 2021. It was then

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discovered that Nathan Holland, one of the attorneys for the State, had a

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scheduling conflict during that week.

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3.

The parties again conferred and determined the following week would

conform to the witnesses’ and attorneys’ schedules. The parties have scheduled and

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Case 2:03-cv-01006-MMD-DJA Document 466 Filed 08/26/21 Page 3 of 4

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agreed that the following depositions will occur: on August 31, 2021 at 9:00 a.m.,

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counsel for Mr. Lisle will depose Daron Franklin; on September 1, 2021 at 9:00 a.m.,

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counsel for Mr. Lisle will depose William Miller; on September 3, 2021 at 9:00 a.m.,

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counsel for Mr. Lisle will depose a witness designated by the Nevada Department of

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Corrections under Fed. R. Civ. P. 30(b)(6). Mr. Lisle served updated subpoenas via

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email on August 23, 2021.

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4.

The parties agree to extend by seven days the period to complete the

depositions; the new deadline to complete depositions is September 6, 2021.
DATED this 25th day of August, 2021.
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
Senior Deputy Attorney General

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/s/ Stacy Newman

STACY NEWMAN
Assistant Federal Public Defender

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Case 2:03-cv-01006-MMD-DJA Document 466 Filed 08/26/21 Page 4 of 4

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ORDER
The parties have submitted a stipulation agreeing to extend by seven days
the time to complete depositions up to and including September 6, 2021.
Based on the stipulation and for good cause shown, it is hereby ordered that

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depositions in this case be completed by September 6, 2021. The minute order

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entered on June 4, 2021 otherwise remains in effect.

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26th
August
DATED this _______ day of _____________, 2021.

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Miranda M. Du
Chief United States District Judge

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