MARK ROGERS V. E.K. MCDANIEL, ET AL.

Filing 217

ORDER granting ECF No. 216 Motion to Amend Evidentiary Hearing Scheduling Order. Evidentiary Hearing set for 6/25/2018 at 09:00 A.M. in LV Courtroom 7D before Chief Judge Gloria M. Navarro. Rogers' brief due by 4/13/2018< /b>. Respondents' response due by 4/27/2018. Reply brief due by 5/4/2018. Witness and Exhibit Lists due by 5/11/2018. Pre-hearing Motions due by 5/18/2018. See Order for specific details and information. Signed by Chief Judge Gloria M. Navarro on 11/28/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARK ROGERS,

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Petitioner,

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vs.

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TIMOTHY FILSON, et al.,

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3:02-cv-00342-GMN-VPC

Respondents.

ORDER

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In this capital habeas corpus action, the Court The Court has granted Rogers’ motion for an

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evidentiary hearing, with respect to one claim, Ground 5, and the Court has set a schedule for the

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evidentiary hearing. See Order entered November 6, 2017 (ECF No. 215). The evidentiary hearing

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was set to commence on April 23, 2018. The parties’ first disclosure of experts was set for

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December 29, 2017, and several other deadlines with respect to preparation for the evidentiary

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hearing were set in January, February, March and April.

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On November 20, 2017, respondents filed a motion to amend the evidentiary hearing

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scheduling order (ECF No. 216), requesting that the schedule for the evidentiary hearing, including

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the setting of the evidentiary hearing itself, and all deadlines related to it, be pushed back by 60 days.

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Respondents’ counsel states that she will be going out on maternity leave soon, and, as a result, will

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be unable to properly prepare for the evidentiary hearing if it remains as scheduled. Respondents’

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counsel states that Rogers does not oppose the motion to amend the scheduling order.

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The Court finds that respondents’ motion to amend the evidentiary hearing scheduling order

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is made in good faith and not solely for the purpose of delay, and that there is good cause to amend

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the scheduling order. The Court will extend all the dates relative to the evidentiary hearing,

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including the date of the evidentiary hearing itself, by approximately 60 days.

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The Court will not look favorably upon any motion to further extend this schedule.

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IT IS THEREFORE ORDERED that respondents’ Motion to Amend Evidentiary Hearing

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Scheduling Order (ECF No. 216) is GRANTED. The following schedule will govern the

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evidentiary hearing:

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The Evidentiary Hearing
The evidentiary hearing will commence on June 25, 2018, at 9:00 a.m., in the courtroom of
the undersigned United States District Judge.

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First Disclosure of Experts

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The parties will, by March 2, 2018, disclose to each other the names of any experts who will

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testify. Such disclosure will be made by e-mail or other informal means. The parties need not file

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formal notices.

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Second Disclosure of Experts

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The parties will disclose to each other the names of any rebuttal experts by March 16, 2018.

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Such disclosure will be made by e-mail or other informal means. The parties need not file formal

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notices.

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Disclosure of Expert Reports

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The parties will disclose to each other the reports of their expert witnesses by March 23,

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2018. Such disclosure will be made by e-mail or other informal means. The parties need not file the

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reports.

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Pre-Hearing Briefs

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Rogers will submit a pre-hearing brief by April 13, 2018. Respondents will file a responsive

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pre-hearing brief by April 27, 2018. Rogers may file a reply to respondents’ brief by May 4, 2018.

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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 May 11, 2018. The parties will

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file a joint exhibit list, listing the exhibits they agree are admissible. The parties will file separate

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exhibit lists, listing any exhibits that the parties do not agree are admissible.

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Pre-Hearing Motions

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The parties will file any pre-hearing motions by May 18, 2018. The schedule for the briefing

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of such motions will be pursuant to LR 7-2(b).

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Marking and Submission of Exhibits

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The parties are to contact Aaron Blazevich, at 702-464-5421, no less than five calendar days

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before the evidentiary hearing, to arrange to mark and submit exhibits.

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Dated this _____ day of November, 2017.

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UNITED STATES DISTRICT JUDGE
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