Mark A. Hanson VS Craig Farwell, et al.

Filing 132

ORDER granting ECF NO. 131 Motion for reconsideration : Evidentiary Hearing set for 1/16/2018 at 9:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. (See pdf order for additional deadlines and specifics.) Signed by Judge Miranda M. Du on 7/19/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARK A. HANSON,

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Case No. 3:04-cv-00130-MMD-VPC
Petitioner,

ORDER

v.
CRAIG FARWELL, et al.,
Respondents.

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In this habeas corpus action, on June 6, 2017, the Court granted petitioner Mark

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A. Hanson’s motion for an evidentiary hearing. (See Order entered June 6, 2017 (ECF

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No. 127).) On June 26, 2017, pursuant to the Court’s order, the parties filed a Joint

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Proposed Scheduling Order. (ECF No. 128.)

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Also on June 26, 2017, Hanson timely filed a fourth amended habeas petition.

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(ECF No. 129.) Respondents are to file an answer no later than July 26, 2017, and then

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Hanson will have twenty (20) days to file a reply. (See Order entered June 6, 2017 (ECF

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No. 127) (thirty days for answer, and twenty days for reply).)

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On June 30, 2017, the Court entered an order setting a schedule for the evidentiary

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hearing. (ECF No. 130.) In that order the Court set the evidentiary hearing for December

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13 and 14, 2017, and set a schedule for events leading up to the evidentiary hearing.

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(See Order entered June 30, 2017 (ECF No. 130).)

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On July 12, 2017, Hanson filed an unopposed motion for reconsideration of the
June 30, 2017, order. (ECF No. 131.)

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The Court “possesses the inherent procedural power to reconsider, rescind, or

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modify an interlocutory order for cause seen by it to be sufficient,” so long as the court

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has jurisdiction. City of L.A., Harbor Div. v. Santa Monica Baykeeper, 254 F.3d 882, 885

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(9th Cir. 2001) (emphasis and quotation omitted).

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Hanson requests reconsideration of the dates on which the evidentiary hearing is

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set, as well as the amount of time reserved for the evidentiary hearing. Hanson states

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that an expert witness, Dr. Janice Ophoven, is not available to testify in December, and

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that Dr. Ophoven’s testimony is critical and essential, as Dr. Ophoven participated in his

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state-court litigation and presented a declaration in that case. Hanson informs the Court

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that the earliest dates on which Dr. Ophoven is available to testify are January 16 through

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18, 2018. In light of Hanson’s unopposed representations in this regard, the Court will

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reschedule the evidentiary hearing for January 16 through 18, 2018.

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Hanson also states that his counsel and counsel for the respondents agree that at

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least three days should be scheduled for this evidentiary hearing. The Court will make

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that change as well; three days — January 16, 17, and 18, 2018 — will be scheduled for

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the evidentiary hearing.
In view of these changes, the Court will also modify the schedule leading up to the

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evidentiary hearing. The schedule for the evidentiary hearing will be as follows:

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1.

Evidentiary Hearing

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The evidentiary hearing will commence on January 16, 2018, at 9:00 a.m., in the

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courtroom of the undersigned United States District Judge, in Reno, Nevada. The Court

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has scheduled three days — January 16, 17, and 18, 2018 — for the evidentiary hearing.

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2.

First Disclosure of Experts

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The parties will disclose to each other the names of their expert witnesses by

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September 15, 2017. These disclosures may be made by e-mail or other informal means.

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The parties need not file these disclosures.

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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 October

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6, 2017. These disclosures may be made by e-mail or other informal means. The parties

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need not file these disclosures.

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4.

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

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November 3, 2017. These disclosures may be made by e-mail or other informal means.

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The parties need not file these disclosures.
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Disclosure of Expert Reports

Witness Lists and Exhibit Lists

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The parties will file their witness lists and exhibit lists by November 9, 2017. The

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

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

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admissible.

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6.

Pre-Hearing Briefs

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Hanson will file a pre-hearing brief by November 17, 2017. Respondents will file a

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responsive pre-hearing brief by December 1, 2017. Hanson may file a reply, no later than

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December 8, 2017.

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7.

Pre-Hearing Motions

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The parties will file any pre-hearing motions by November 17, 2017, and early

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enough so that the motions can be briefed and resolved without postponing the

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evidentiary hearing or otherwise undermining this schedule in any way. The schedule for

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

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8.

Marking and Submission of Exhibits

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In marking exhibits, petitioner should use numerals 1-499 and respondents should

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use numerals 500 and above. Counsel are to provide the Court with a courtesy copy of

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all exhibits to be offered at the evidentiary hearing by delivering a thumb drive or CD to

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the Clerk’s Office in Reno no later than two court days prior to the hearing. Counsel should

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contact Peggie Vannozzi, at 775-686-5839, if they have any question regarding marking

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and submitting exhibits.

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It is, therefore, ordered that petitioner’s unopposed motion for reconsideration

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(ECF No. 131) is granted. The schedule for the evidentiary hearing will be as set forth

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above.

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DATED THIS 19th day of July 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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