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

Filing 222

ORDER that ECF No. 221 Stipulation to Continue Evidentiary Hearing is APPROVED. Roger's Pre-Hearing brief due by 8/8/2018. Respondents' response due by 8/22/2018. Reply brief due by 8/29/2018. Witness and Exh ibit List due by 9/7/2018. Pre-Hearing Motions due by 9/14/2018. Evidentiary Hearing continued to 10/22/2018 at 1:00 PM in LV Courtroom 7D before Chief Judge Gloria M. Navarro. Signed by Chief Judge Gloria M. Navarro on 3/14/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARK ROGERS,

Case No. 3:02-cv-00342-GMN-VPC
Petitioner,

ORDER

v.

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TIMOTHY FILSON, et al.,
Respondents.

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In this habeas corpus action, the Court has granted the petitioner, Mark Rogers,

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an evidentiary hearing with respect to Ground 5 of Rogers’ second amended habeas

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petition. See Order entered November 6, 2017 (ECF No. 215); Order entered November

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28, 2017 (ECF No. 217). The evidentiary hearing was scheduled to commence on June

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25, 2018. See Order entered November 28, 2017 (ECF No. 217).

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On March 6, 2018, the Court held a status conference, at which the parties and

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the Court discussed the possibility of rescheduling the evidentiary hearing to commence

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on October 22, 2018. See Minutes of Proceedings, March 6, 2018 (ECF No. 220). On

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March 13, 2018, the parties filed a stipulation, agreeing to reschedule the evidentiary

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hearing to commence on October 22, 2018 (ECF No. 221). Good cause appearing,

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IT IS THEREFORE ORDERED that the stipulation of the parties filed on March 13,

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2018 (ECF No. 221) is APPROVED. The schedule for the evidentiary hearing regarding

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Ground 5 of petitioner’s second amended habeas petition is amended as follows. The

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following schedule will govern the evidentiary hearing:
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The Evidentiary Hearing

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The evidentiary hearing will commence on October 22, 2018, at 1:00 p.m., in the

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courtroom of the undersigned United States District Judge.

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First Disclosure of Experts

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The parties represent that they have completed their first disclosure of experts.

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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 July

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17, 2018. Such disclosure will be made by e-mail or other informal means. The parties

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need not file formal 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 July

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24, 2018. Such disclosure will be made by e-mail or other informal means. The parties

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need not file the reports.

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Pre-Hearing Briefs

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Rogers will submit a pre-hearing brief by August 8, 2018. Respondents will file a

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responsive pre-hearing brief by August 22, 2018. Rogers may file a reply to respondents’

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brief by August 29, 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 September 7, 2018.

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

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parties will file separate exhibit lists, listing any exhibits that the parties do not agree are

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admissible.

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Pre-Hearing Motions

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The parties will file any pre-hearing motions by September 14, 2018. The schedule

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for the briefing 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

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calendar days before the evidentiary hearing, to arrange to mark and submit exhibits.
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IT IS FURTHER ORDERED that the status conference scheduled for March 20,
2018, at 10:30 a.m., is VACATED.

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March
DATED THIS ___ day of ______________________, 2018.

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GLORIA M. NAVARRO
CHIEF UNITED STATES DISTRICT JUDGE

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