Bradford v. Baker

Filing 145

SCHEDULING ORDER AS TO 144 ORDER Setting Evidentiary Hearing Prehearing motions due by 1/18/2021; Prehearing Briefs due 1/25/2021. See order for additional deadlines, instructions and detail. Signed by Judge Richard F. Boulware, II on 11/19/2020. (Copies have been distributed pursuant to the NEF - DRS) Modified filed date on 11/19/2020 (DRS).

Case 2:13-cv-01784-RFB-EJY Document 145 Filed 11/19/20 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JULIUS BRADFORD,

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Petitioner,

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v.

Case No. 2:13-cv-01784-RFB-EJY
PREHEARING SCHEDULING ORDER

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WILLIAM GITTERE, et al.,
Respondents.

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In this habeas corpus action, the Court has granted the petitioner, Julius Bradford,

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an evidentiary hearing (ECF No. 124). The evidentiary hearing is set for February 8, 2021

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(ECF No. 144). The Court will set the following schedule for proceedings in advance of

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the evidentiary hearing scheduled for February 8, 2021.

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1.

Prehearing motions. No later than January 18, 2021, the parties shall file

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any prehearing motions. The parties will have 7 days to file responses to prehearing

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motions; the parties will then have 5 days to file replies in support of prehearing motions.

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2.

Exchange of preliminary witness and exhibit lists and evidentiary

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stipulations. No later than December 21, 2020, counsel shall meet and confer and shall

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exchange preliminary exhibit and witness lists. The preliminary witness lists shall include

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disclosures of anticipated expert witnesses, if any, along with written reports containing

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the information described in Federal Rule of Civil Procedure 26(a)(2)(B). By December

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21, 2020, counsel shall also exchange any exhibits not already possessed by opposing

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counsel. Counsel shall also discuss possible stipulations as to the admissibility of

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proposed exhibits and any anticipated evidentiary objections.
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Case 2:13-cv-01784-RFB-EJY Document 145 Filed 11/19/20 Page 2 of 3

3.

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Meet-and-confer regarding final witness and exhibit lists and evidentiary

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objections. No later than December 29, 2020, counsel shall again meet and confer to

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discuss their anticipated final witness and exhibit lists and evidentiary objections.
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Final witness and exhibit lists, and evidentiary objections. No later than

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January 6, 2021, counsel 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. The list shall identify any evidentiary

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objections that may be anticipated. No party will be allowed to introduce over objection

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any witness or exhibit not listed in the final witness and exhibit list, except that a party

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may file a supplement no later than January 13, 2021, listing evidence and objections in

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response to any witness or exhibit identified for the first time in the final list. No objection

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that could have been anticipated in advance of the hearing will be preserved unless

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included in the final list.
5.

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Prisoner transport order and subpoenas of non-prisoner witnesses. The

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hearing is set to be conducted by videoconference. No later than January 18, 2021,

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Petitioner’s counsel shall submit an order directing the Nevada Department of Corrections

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to secure Petitioner’s attendance at the videoconference hearing. Counsel for any party

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wishing to call any other prisoner to testify shall submit a similar order by the same date.

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No continuance will be granted for failure to secure the video attendance of Petitioner or

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any other prisoner unless an order to compel attendance was timely sought. Similarly, no

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continuance will be granted for failure to secure the video attendance of a non-prisoner

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witness who was not seasonably subpoenaed.
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Prehearing briefs. No later than January 25, 2021, counsel shall each file a

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prehearing brief, describing the evidence they expect to present, and setting forth their

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legal arguments relative to issues to be addressed at the evidentiary hearing.

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...

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...

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...

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...
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Case 2:13-cv-01784-RFB-EJY Document 145 Filed 11/19/20 Page 3 of 3

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7.

Exhibit binders. No later than January 25, 2021, counsel shall each provide

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the Courtroom Administrator with two sets of exhibit binders, along with two electronic

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copies of the exhibits.

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8.

Logistics for videoconference Hearing. The hearing is set to be conducted

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by videoconference. Counsel shall jointly contact the Courtroom Administrator no later

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than January 25, 2021, to discuss the logistics of the videoconference hearing.

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IT IS SO ORDERED.

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DATED THIS 19th day of November, 2020.

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RICHARD F. BOULWARE,
UNITED STATES DISTRICT JUDGE

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