Brown v. Williams et al

Filing 34

ORDER that this matter is set for an Evidentiary Hearing on 7/16/2012 at 10:00 AM in LV Courtroom 7C before Judge Philip M. Pro. Signed by Judge Philip M. Pro on 2/6/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOHNNY RAY BROWN,
3:10-cv-00407-PMP-GWF
2:10-cv-00407-PMP -GWF

Petitioner,
vs.

ORDER

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BRIAN WILLIAMS, et al.,

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Respondents.

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In this represented habeas matter under 28 U.S.C. § 2254, following upon the parties’

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responses (## 27 & 33) to the to the Court’s show cause orders (## 8 & 10) regarding the

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timeliness of the Petition, this matter will be set for an evidentiary hearing directed to all

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factual issues pertaining to Petitioner’s claim of tolling and/or delayed accrual of the federal

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limitation period.

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IT THEREFORE IS ORDERED that the matter is set for an evidentiary hearing for

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10:00a.m. on Monday, July 16, , 2012 Courtroom 7C,
10:00 a.m. on Monday, July 16, 2012, in in Courtroom 7C, Lloyd D. George United States

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Courthouse, 333 Las Vegas Blvd., Las Vegas, Nevada.

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IT FURTHER IS ORDERED that counsel shall complete the following pre-hearing
procedures:
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Exchange of Preliminary Witness and Exhibit Lists and

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Stipulations. No later than twenty-eight (28) days prior to the

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hearing, counsel shall confer together either in person or by

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telephone and shall exchange preliminary exhibit and witness

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lists, exchange (either in person or via mail or fax) any exhibits

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not already possessed by opposing counsel, and discuss

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stipulations as to authenticity and any evidentiary objections.

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2.

Final Witness and Exhibit Lists and Evidentiary Objections.

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No later than twenty-one (21) days prior to the hearing, counsel

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shall jointly file a consolidated final list of the witnesses and

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exhibits to be offered jointly and/or by each party and which shall

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further identify any evidentiary objections that may be anticipated

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in advance of the hearing. No party will be allowed to introduce

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over objection any witness or exhibit not listed in the final witness

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and exhibit list, except that a party may file a supplement no later

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than fourteen (14) days prior to the hearing listing evidence in

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response to any witness or exhibit identified for the first time in

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the final list. No objection that may be anticipated in advance of

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the hearing will be preserved unless raised in the final list.

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3.

Length of Hearing; Interpreters; Other Housekeeping Matters.

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The Court anticipates that the hearing will take up to a full day.

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If counsel (a) anticipate that the hearing will run longer than one

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full day, (b) anticipate that an interpreter will be needed for a party

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or a witness, or (c) have other housekeeping matters to address

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regarding the hearing, they shall contact the Courtroom Deputy

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regarding same no later than twenty-one (21) days prior to the

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hearing,.

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4.

Prisoner Transport Order. No later than fourteen (14) days

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prior to the hearing, Petitioner’s counsel shall submit an order to

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transport prisoner to secure Petitioner’s presence at the hearing;

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and any party wishing to call any other prisoner to testify similarly

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shall submit an order to transport prisoner by that date. No

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continuance will be granted for failure to secure the attendance
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of the Petitioner or any other prisoner unless an order to transport

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prisoner was timely sought. Each transport order shall include

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the following sentence as the final paragraph: “The Clerk of

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Court additionally shall provide a copy of this order to the

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Marshal’s Las Vegas office.”

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5.

Pre-hearing Memoranda. No later than seven (7) calendar

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days prior to the hearing, counsel for Petitioner and for

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Respondents each shall file a pre-hearing memorandum setting

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forth the evidence that they expect to present at the hearing

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together with brief legal argument placing the evidence in context.

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6.

Exhibit Binders. On the morning of the hearing, counsel for

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Petitioner and for Respondents each shall provide to the

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Courtroom Deputy four binders or sets of exhibit binders, with one

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such binder or set of binders containing the exhibits offered for

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introduction at the hearing, and the other three binders or sets

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being for the bench, the witness stand, and the staff attorney.

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Each counsel additionally shall provide one additional binder or

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set of binders to opposing counsel. If joint exhibits are submitted,

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counsel shall make arrangements between themselves similarly

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to provide to the Courtroom Deputy four binders or sets of exhibit

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binders containing the joint exhibits.

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DATED: February 6, 2012.

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___________________________________
PHILIP M. PRO
United States District Judge

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