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01-507 - (HC) (DP) Riel v. Woodford


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01-507 - (HC) (DP) Riel v. Woodford
June 3, 2005
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ORDER signed by Judge Kimberly J. Mueller on 6/2/05 ORDERING: Respondent's 5/25/05 request for Extension of Time is GRANTED 171. Resp's. opposition shall be filed by 7/30/05. (Sherman, T)
August 2, 2005
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ORDER signed by Judge Kimberly J. Mueller on 08/01/05: the petitioner shall file any reply brief to respondent's opposition to petitioner's motion for an evidentiary hearing by 10/03/05 (Kirkpatrick, S)
August 22, 2005
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ORDER the F & R's filed 9/15/2004 are ADOPTED in full 145 and denying 144 Motion to Strike portions of respondent's answer related to claims 2, 5-8, 10-11, 13, 25, 26, 28 and 34 by petitioner Charles D Riel signed by Judge Lawrence K. Karlton on 8/22/2005. (Reader, L)
September 20, 2005
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ORDER signed by Judge Kimberly J. Mueller on 9/19/05 ordering that 178 petitioner's request for an ext of time is GRANTED. Petitioner shall file any reply to respondent's opposition to petitioner's motion for an evidentiary hearing by 10/17/05. (Kastilahn, A)
July 10, 2007
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ORDER signed by Judge Kimberly J. Mueller on 7/10/2007 ORDERING hearing onPetitioner's motion for an evidentiary hearing RESET for 8/29/2007 at 11:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Waggoner, D)
October 12, 2007
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ORDER signed by Judge Kimberly J. Mueller on 10/12/2007 ORDERING that w/i 7 days of the date of this order, petitioner's counsel shall file a report on the status of the discovery on claim 36. (Waggoner, D)
November 16, 2007
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ORDER signed by Judge Kimberly J. Mueller on 11/16/07 ORDERING that w/i 10 days, petitioner shall file a follow-up to his 197 10/19/07 Status Report on the status of discovery on claim 36.(Benson, A)
January 18, 2008
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ORDER signed by Judge Kimberly J. Mueller on 1/17/08 ORDERING that petitioner file notice of completion when discover on narrowing claims is completed. (Dillon, M)
April 14, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/11/08 ORDERING that 158 MOTION Evidentiary Hearing is GRANTED IN PART and DENIED IN PART; evidentiary hearing will be held on issues raised in claims 2, 5, 6 and 9 as they affected the special circumstance and penalty phase determinations; A ruling on petitioners request for an evidentiary hearing on claim 39 is deferred pending resolution of the Northern District of California case of Morales v. Tilton. Status Conference set for 4/23/2008 at 11:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller.(Dillon, M)
April 21, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/21/08 GRANTING 205 Request. Parties have until 5/19/08 to file objections to the 4/14/08 order. The 4/23/08 status conference is taken off calendar and will be reset following a ruling on those objections.(Dillon, M)
May 27, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/27/2008 GRANTING 207 Request - ATY filed by Charles D Riel; The parties have until 5/27/2008 to file objections to the 4/14/2008 order. (Matson, R)
March 27, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/27/09 ORDERING the petitioner's February 22, 2005 motion for an evidentiary hearing is GRANTED IN PART AND DENIED IN PART. The matter is Referred to the Magistrate to conduct anevidentiary hearing on the issues raised in claims 2, 5, 6, and 9, as they affected the guilt phase, penalty phase, and special circumstances determinations; A ruling on petitioner's request for an evidentiary hearingon claim 39 is deferred pending resolution of the Northern District of California case Morales v. Tilton, Nos. C06219-JF-RS, C06926-JFRS; and Petitioner's motion is DENIED in all other respects. (Becknal, R)
April 6, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/3/09 ORDERING a Status Conference set for 4/22/2009 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. Prior to the status conference, counsel shall review the court's 6/13/08 and 1/30/09 orders in Osband v. Ayers CIV-97-152 WBS KJM, regarding the standards for determining what, if any, portions of the evidentiary hearing, including the transcript and exhibits, should be sealed. (Carlos, K)
April 29, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/28/09 ORDERING that resp's request to copy trial counsel's file is GRANTED subject to the 11/24/03 protective order. Resp's request to depose ptnr's experts Dr. Robert Pettis, Dr. Karen Bronk Froming and Charles V. Morton is GRANTED. With respect to resp's remaining discovery requests to depose ptnr and for access to ptnr's CDC files, ptnr shall file any brief in opposition by 5/22/09. Resp shall file any reply brief by 6/12/09. By 6/19/09, the parties shall file a joint statement. (Engbretson, K.)
June 25, 2009
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el from accessing his CDCR records. At that time, the court will also hear argument on the parties disagreements set out in the joint statement about timing and the methods for taking testimony. Counsel shall be prepared to discuss the range of methods available for the taking of the testimony of lay witnesses. Respondent wishes to propose an alternative to the procedures for sealing portions of the evidentiary hearing set out by the court in Osband v. Ayers, CIV S 97-0152 WBS KJM. By July 20, 2009, respondent shall file his brief on the issue. By August 19, 2009, petitioner shall file a responsive brief. Respondent may file a reply brief by September 2, 2009. After receiving the briefing, the court will determine whether or not oral argument is necessary.(Duong, D)ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/24/09 ORDERING that on July 8, 2009 at 10:00 a.m., the undersigned will hold a hearing on petitioner's 227 motions to preclude his deposition and to enjoin respondent's 230 couns
July 9, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/8/09 ORDERING that before the court rules on the motions and finalizes a pre-evidentiary hearing schedule, the parties agreed to do two things by 7/17/09. First, petitioner's counsel agreed to provide respondent's counsel with all documents relied upon by petitioner's experts. By 7/17/09, the parties shall inform the court when those documents will be provided to respondent's counsel and confirm the identification of the documents provided. Second, petitioner's counsel agreed that he could identify his lay witnesses on a staggered basis rather than waiting until the November date he initially suggested for the proper identification of them all. By 7/17/09, petitioner's counsel shall provide the court a proposed timeline for the identification of lay witnesses and the provision of their declarations, incorporating the staggered schedule discussed at hearing. (Becknal, R)
July 22, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 07/21/09 ORDERING that respondents motion to depose petitioner is GRANTED; petitioner's 227 05/22/09 motion to preclude respondent's deposition of petitioner is DENIED. Within 30 days, petitioner shall file any brief regarding the issue of petitioner's assertion of the Fifth Amendment or other objections anticipated during his deposition and any proposals for the conduct of the deposition. Respondent shall file any response w/i 20 days of the filing date of petitioner's statement. Petitioner may file a reply w/i 10 days thereafter. By 07/24/09, petitioner shall provide to respondent's counsel copies of alldocuments relied upon by Drs. Pettit and Froming. After reviewing those documents and by 07/31/09, respondent shall inform the court whether he continues to seek petitioner's entire CDCR file. After receipt of respondent's statement, the court will resolve any motion to obtain petitioner's CDCR files that remains pending, and petitioner's motion to enjoin respondent from doing so. At that time the court will also finalize a pre-evidentiary hearing schedule. Within 30 days, petitioner's counsel shall provide to respondent's counsel copies of all documents relied upon by expert Charles Morton. (Benson, A.)
August 7, 2009
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. By January 22, 2010, each party shall file and serve a list of witnesses whose direct testimony that party proposes to proffer by declaration, and a copy of the declarations. Designation of Expert Witnesses ddl 1/22/2010; Discovery-related Motions ddl 3/19/2010. Non-discovery pretrial motions ddl 4/2/2010; Discovery ddl 4/23/2010. By April 30, 2010, the parties shall exchange exhibit lists and all exhibits. By April 30, 2010, the parties shall have completed taking all out-of-court testimony. Pre-hearing Conference set for 5/3/2010 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Duong, D) ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/6/09 ORDERING that The in-court proceedings for the evidentiary hearing described in JudgeKarlton's March 27, 2009 order shall begin on May 10, 2010 before the undersigned in courtroom #26. Each party will provide the other party on the first working day of every month commencing September 1, 2009, the names, addresses and relevant declarations or other summaries of testimony of any lay witnesses that party then knows are likely to be called to testify on his or her behalf at the evidentiary hearing. By November 20, 2009, the parties shall file and serve final witness lists, including addresses and a summary of each witness's proposed testimony. By November 30, 2009, the parties may file and serve a list of any rebuttal witnesses. No other witnesses will be permitted to testify unless the witness is an unanticipated rebuttal witness and the court and opposing party are promptly notified upon discovery of the witness
August 7, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/7/09 ORDERING that by August 14, 2009, the parties shall file any stipulation, including proposals for any protective orders related to these files. (Duong, D)
August 13, 2009
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SUPPLEMENTAL PROTECTIVE ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/12/09 ORDERING that this Supplemental Protective Order is in conjunction with and supplemental to the Protective Order entered in this matter on November 24, 2003 128, which Order remains in full force and effect; this protective order governs the discovered materials and information for purposes of preparing for the evidentiary hearing. This protective order does not govern the conduct of the evidentiary hearing or the briefing or orders thereafter. (Becknal, R)
August 25, 2009
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STIPULATION and ORDER signed by Magistrate Judge Kimberly J. Mueller on 08/25/09 re: resolution of petitioner's Motion to Enjoining Respondent from Accessing petitioner's CDCR records and respondents objection thereto. See order for details. (Benson, A.)
August 25, 2009
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Morton by 08/31/09. (Benson, A.)ORDER signed by Magistrate Judge Kimberly J. Mueller on 08/25/09 ORDERING that petitioner's 267 Motion for Extension of Time is GRANTED; petitioner shallproduce to respondent's counsel copies of all documents relied upon by expert Charles
October 2, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/01/09 ORDERING that a hearing on MOTION For Open and Public Access to the Entire Evidentiary Hearing 251 is SET for 10/14/2009 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Mena-Sanchez, L)
October 20, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/19/09 ORDERING that within 14 days of the filed date of this order, petitioner shall file a memo of pts and authorities addressing the question of what test or tests should be applied to determine whether or not portions of the evidentiary hearing shall be closed. Within 14 days of the filing of petitioner's brief, respondent shall file a response. Within five days thereafter, petitioner may file a reply. Any disputes regarding discovery shall be brought to the court's attention as quickly as possible to avoid unnecessarily modifying the schedule currently set for evidentiary hearing.(Kastilahn, A)
November 19, 2009
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STIPULATION and ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/18/09 ORDERING that the date to file rebuttal witnesses is CONTINUED to 01/22/10. (Benson, A.)
January 14, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/12/2010 ORDERING a Scheduling Conference is set for 1/20/2010 at 11:00 AM. Counsel shall participate by telephone and shall be prepared to discuss their 1/11/2010 Joint Statement. (Matson, R) Modified on 1/14/2010 (Caspar, M).
January 22, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/22/2010 ORDERING 259 By 3/6/2010, respondent shall file and serve a summary of petitioner's proposed testimony. This date, and subsequent related dates, may be continued if respondent is unable to depose petitioner in time to meet this date. By 4/6/2010, the parties shall file and serve: a list of any rebuttal witnesses, a list of witnesses whose direct testimony that party proposes to proffer by declarations, and copies of the declarations, and the expert disclosures required by FRCP 26(a)(2).3. By 5/6/2010, the parties shall file and serve the disclosures required by Rule 26(a)(2) for any rebuttal experts. On 5/19/2010 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller, the undersigned will hold a status conference to discuss which witnesses' testimony will be taken by declaration or deposition. By 6/7/2010, the parties shall file any discovery-related motions, except motions to compel. The moving party may seek a hearing on shortened time. The parties shall confer and, if necessary, file a Joint Statement re Discovery Disagreement as set out in LR 251. Any Joint Statement shall be filed at least 3 court days before the hearing. By 7/2/2010, the parties shall file any non-discovery pre-hearing motions. By 7/30/2010, the parties shall complete all discovery. Any motions to compel shall be filed so as to be heard no later than 7/23/2010. A party making a motion to compel may seek a hearing on shortened time. By 7/30/2010, the parties shall have completed taking all out-of-court testimony. On 8/2/2010, at 10:00 AM. the undersigned will hold a pre-hearing conference. The evidentiary hearing CONTINUED to 8/9/2010 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Reader, L)
February 11, 2010
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ORDER DENYING 262 Motion for Reconsideration signed by Senior Judge Lawrence K. Karlton on 2/11/2010. (Matson, R)
February 17, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/16/2010 ORDERING by March 6, 2010, petitioner shall hand-deliver to respondent's counsel copies of all documents relied upon by Dr. Froming in this case. Respondents January 13, 2010 Motion to Compel Mental Examination is denied without prejudice. Dr. Pettis is stricken as a witness for petitioner, from petitioner's 11/20/2009 witness list. (Matson, R)
February 18, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/18/10 ORDERING that petitioner file a brief regarding issues described in this order within 21 days; response to brief due within 21 days thereafter. (Manzer, C)
March 10, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 3/10/2010 ORDERING 316 Prior to 3/18/2010, the parties shall meet and confer regarding any scheduling changes necessitated by respondent's inability to depose petitioner. Prior to 3/18/2010, the parties shall meet and confer regarding any scheduling changes necessitated by respondent's inability to depose petitioner. (Reader, L)
March 18, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 3/17/10 ORDERING that the Scheduling Order filed on 1/22/10, on page 2, lines 2-4 302 be modified as follows: Respondent shall file and serve a summary of Petitioner's proposed testimony within seven days after respondent has completed a discovery deposition of Petitioner. (Mena-Sanchez, L)
March 29, 2010
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STIPULATION and ORDER signed by Magistrate Judge Kimberly J. Mueller on 3/29/2010 and agreed between the parties to have the matter submitted on the papers, the 3/31/2010 hearing on petitioner's motion for protective order is VACATED, and the matter is deemed submitted. (Yin, K)
April 5, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/5/10 ORDERING that respondent's 325 Motion for Shortened Time is GRANTED; respondent's 324 Motion to Conduct a Mental Health Exam shall be heard by the undersigned on 4/14/10 at 11:30 AM in courtroom #26; petitioner's opposition shall be filed by 4/9/10; respondent's reply due by 4/12/10 at 5:00 PM. (Owen, K)
April 13, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/12/10 ORDERING Petitioner's 3/2/10 Motion for Protective Order is granted in part; the following protective order shall apply to all neuropsychological testing materials ("testing materials") defined as manuals, instruments, protocols, or test questions or stimuli that have been or will be produced by petitioner to respondent's counsel. Counsel wishing to file any document containing or consisting of information revealing the contents of the testing materials shall seek court approval in advance to file the document publicly but with confidential information redacted, and with an unredacted corresponding version of the same document filed under seal; This protective order governs only the parties' filings. It does not predetermine the status of the testing materials during any evidentiary hearing testimony or in dispositions of this court. (Becknal, R)
April 20, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/20/10 ORDERING that by 4/28/10 petitioner may file a brief in response to respondent's 4/12/10 reply brief. (Donati, J)
May 4, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/4/10. (Mena-Sanchez, L)
May 17, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/14/10 ORDERING that Respondent's7/20/09 MOTION for Open and Public Access to the Entire Evidentiary hearing 251 is GRANTED in part and DENIED in part. By 7/30/10, Petitioner shall file a brief describing any potential evidentiary hearing testimony he feels should be taken in a closed courtroom and just how that testimony meets the standards set out in Osband. By 8/4/10 at noon, Respondent shall file a responsive brief. By 8/6/10 at noon, Petitioner may file a reply brief. (Mena-Sanchez, L)
May 17, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/17/10 ORDERING that Repondent's 3/26/10 MOTION to Conduct Mental Health Examination of Petitioner 324 is DENIED. (Mena-Sanchez, L)
May 20, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 05/20/10 ordering the term "brain injury" as used in the May 4 order at 2:2 and 2:13 is defined as "instances of head trauma." The declarations of the following witnesses are admitted into evidence: James Berendt (App. 3 to pet'r's 04/06/10 proffer of direct test. by decl), Pamela Johnson (App. 13), Sandra Overstreet (App. 28), Greg Sugden (App. 30), Frank Tennison (App. 31), Juanita Martin (App 33)and Brett Kee (app. 34). In addition, the exhibit entitled "Royal Randers DVD" (App. 35) is admitted into evidence. Within 10 days of the filed date of this order, respondent shall file and serve any declarations he proposes for David Bailey, David G. Cumming, Kay Gray, Randy Newman, and Thomas C. Pollgreen. Within 5 days after service of these declarations, petitioner shall inform the court whether he is willing to accept them in lieu of live cross-examination. By the close of business on 05/19/10, petitioner's counsel shall have supplied respondent's counsel with any telephone number they have for Peggy Ajax, Candy Cobb, Lori Barnhart Dutton and Neva S. Latham. The direct testimony of the following witnesses shall be submitted by their declarations lodged ad appendices to petitioner's 04/06/10 Proffer of Direct Testimony by Declaration: Geraldine Riel, Lael E. Richards, Charles R. Riel, Shannon Rivera-Sartore, Donna Schwan, Pamela Woodall, Brett Kee, Juanita Martin, Jeffrey Richards, Robert Fairbanks, Bertha Woodall Fleming, David DeChand, Paul Naslund, Thomas Riel, and Yvonne Riel. Cross-examination and re-direct testimony shall be by deposition. All testimony of petitioner's witness Martin Collins shall be taken by deposition. Within 10 days of the filed date of this order, petitioner shall file and serve notice informing the court of the method or recording he proposes for the depositions of each of these witnesses, which notice shall include any stipulations of the parties reached through good faith meet and confer and proposed for the court's consideration. Within 5 days of service of than notice, respondent may file a response to any proposals for which the parties have not reached a stipulation. All testimony of petitioner's witnesses Joseph Berger, John Osborne, Frank O'Connor and Russell Schwartz shall be taken in court. All testimony of respondent's witness Charles D. Riel shall be taken in court. Within 5 days of the filed date of this order, petitioner shall (a) identify with particularity any ruling in which the court has ruled previously that all expert testimony shall be taken in court and provide citation to that ruling; and (b) if the court did not so rule, identify which experts designated by both petitioner and respondent, other than petitioner's Strickland expert, he feels should testify in court and explain why. Within 5 days of th service of petitioner's filing, respondent may file a response. By 07/30/10, the parties shall exchange exhibit lists and exhibits.(Plummer, M)
June 3, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 6/3/2010 ORDERING the respondent to file an opposition or statement of non-opposition to petitioner's request within fourteen (14) days of the issuance of this order. Petitioner may file a reply within seven (7) days thereafter. The court will determine whether a hearing is necessary in this matter after briefing is complete.(Matson, R)
June 4, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/3/2010 GRANTING petitioner's 368 request to shorten time for discovery hearing; respondent's opposition due 6/10/2010, and any reply due 6/14/2010; petitioner's Motion for Discovery and Motion in Limine will be heard on 6/16/2010 at 11:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Yin, K)
June 4, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 6/4/2010 ORDERING the Respondent shall file an opposition or statement of non-opposition to petitioner's requests for reconsideration, Dkt. Nos. 365, 373, on or before June 17, 2010. Petitioner may file a reply brief on or before June 24, 2010.(Matson, R)
June 9, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/8/2010. Declarations of David Vailey, Randy Nedwman, and Thomas C. Pollgreen are ADMITTED as their direct testimony. Within 14 days of filed date of this Order, respondent shall inform Court if any difference between signed Declarations cause him to contest their admission. Within 14 days of filed date of this Order, parties shall meet and confer and file a Joint Statement. (Marciel, M) Modified on 6/9/2010 (Marciel, M).
June 9, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/8/2010. Petitioner seeks to modify Scheduling Order to permit filing of Reports of Drs. Froming and Miora in rebuttal to report of Dr. Dunn. By 6/11/2010, respondent shall file any Response. Parties shall be prepared to discuss petitioner's Request to modify Scheduling Order during 6/16/2010 Hearing. (Marciel, M)
June 18, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/18/10 ORDERING that By June 18, 2010, the parties shall inform Courtroom Deputy Matt Caspar if they require a hearing regarding proposed revisions to the scheduling order. By June 21, the parties shall file any stipulated proposal, or a description of their disagreements, for a new schedule. A ruling on petitioner's 5/19/10 Motion in Limine is deferred in all respects but one. Petitioner's motion is granted with respect to evidence of post-trial events. The testimony of respondent's proposed witnesses Larry Casner, Gil Polanco, Don T. Stieper, Marie Rodesillas, Tim Boerum and Naomi Janowitz is precluded at the evidentiary hearing. Petitioner's 5/28/10 MOTION for DISCOVRY 363 is GRANTED in part and DENIED in part. The court will determine the methods for taking the testimony of each party's experts after resolution of petitioner's motion in limine. (Mena-Sanchez, L)
June 23, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 06/22/10 ORDERING that the 7/30/10 deposition deadline, 8/2/10 pre-hearing conference, the 08/09/10 evidentiary hearing and the 7/30/10 exhibit list deadline are VACATED; supplements to the 358 motion in limine due by 8/20/10; response to motion due by 9/3/10. (Manzer, C)
June 30, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/29/10 ORDERING that within 5 days of the filed date of this order, the parties may file statements explaining any reasons why lay-witness testimony depositions cannot or should not proceed. (Owen, K)
July 22, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/22/2010 ORDERING 403, 404, Motions in limine, hearing is CONTINUED to 8/25/2010 at 11:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller; the parties shall file any reply briefs by 8/11/2010. (Reader, L)
July 23, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/22/10. The court approves the methods for recording lay witness testimony set out in the parties' 6/1/10 Stipulation.(Mena-Sanchez, L)
August 9, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 08/06/10 ORDERING that respondent's 418 Motion to Seal the Declaration of Dr. Dunn is GRANTED. Clerk to file the 07/27/10 Declaration UNDER SEAL. (Benson, A.)
August 9, 2010
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STIPULATION and ORDER signed by Magistrate Judge Kimberly J. Mueller on 08/06/10 ORDERING that the time to complete the previously authorized deposition of Dr. John T. Dunn is EXTENDED until 09/10/10. (Benson, A.)
August 9, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 08/06/10 granting petitioner's 417 Motion for Extension of Time to depose Paul Orey is GRANTED; the 07/30/10 discovery deadline is EXTENDED to 08/30/10 for the purposes of taking the discovery deposition of Paul Morey. (Benson, A.)
August 16, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 08/14/10 ORDERING that the 424 Joint Motion for Extension of Time until 08/20/10 to file reply briefs to the Motions in Limine is GRANTED; The hearing on the 403, 404 Motions in Limine are CONTINUED to 09/01/10 at 11:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Benson, A.)
September 30, 2010
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ORDER granting 365 Motion for Reconsideration signed by Senior Judge Lawrence K. Karlton on 9/30/10. (Kaminski, H)
November 5, 2010
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[VACATED SEE ORDER 476]ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/04/10 ORDERING that: 358 petitioner's Motion in Limine is GRANTED IN PART and DENIED IN PART; petitioner's 404 Motion in Limine is GRANTED IN PART and DENIED IN PART; respondent's 403 Motion in Limine is DENIED; petitioner's 377 Motion to Modify the Scheduling Order is GRANTED: w/i 14 days, respondent shall notify the court whether he wishes to depose Dr. Froming and/or Dr. Miora; the testimony of Dr. Froming, Dr. Stewart, Dr. Miora, Dr. Dunn and Dr. Edwards shall be taken in court; the testimony of Charles Morton, Steven Wilkins, David Nevin and Paulette Sutton shall be taken by deposition in lieu of in-court testimony; as the court announced at the 09/01/10 hearing, respondent's 435 Motion for a 60-Day Extension of Time to depose Dr. Dunn is GRANTED. (Benson, A.) Modified on 3/23/2011 (Reader, L).
December 3, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 12/2/2010 ORDERING the Court sets the following briefing schedule on the request for reconsideration; Respondents SHALL file a response to the request for reconsideration (ECF No. 451) on or before December 17, 2010. Petitioner MAY file a reply in support of his request on or before January 3, 2011. After briefing is complete the court will determine if a hearing is necessary.(Matson, R)
December 8, 2010
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lliams, D).ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/07/10 DENYING request to prevent Ms. Sutton from testifying to the information at paragraphs 10, 11, and 12 of her May 5, 2010 Report (Docket No. 349). (Williams, D) Modified on 12/9/2010 (Wi
January 3, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 1/3/11 ORDERING petitioner's 458 MOTION for EXTENSION OF TIME to file a reply is GRANTED; petitioner to file a reply by 1/10/11. (Carlos, K)
March 16, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 03/16/11 granting 463 Motion to take testimony of Joseph Berger. Mr. Berger's deposition shall be recorded both stenographically and by audiovisual means. The parties shall schedule the deposition in coordination with Courtroom Deputy Pete Buzo so that the undersigned may be available to rule on any objections raised during the deposition by telephone, if necessary. (Plummer, M)
March 23, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/22/2011 ORDERING The Magistrate Judge's order 443 is VACATED; and petitioner's 451 motion for reconsideration is DENIED, without prejudice, as MOOT. (Reader, L)
April 14, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/14/11 APPROVING the 482 certificate and DIRECTING the USM to pay the witness fees. (cc: USM Priority, Financial) (Yin, K)
April 18, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 04/15/11 ordering within 14 days of the filed date of this order, each party shall file a brief on the impact of Cullen v. Pinholster on these proceedings an, in particular, on the evidentiary hearing and on petitoner's motion to expand the record. (Plummer, M)
April 29, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/28/11 GRANTING 486 Motion for Extension of time. By 5/16/11, both parties shall file the briefs described in the courts 485 Order. The briefing ordered on 4/7/11 related to that motion is suspended and the 6/3/11 argument taken off calendar.(Dillon, M)
May 26, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 05/16/11 ordering the court approves this certificate and directs the Marshal to pay the fees. (Copy of this order served on the U.S. Marshal.)(Plummer, M)
September 21, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 09/20/11 ordering ( In Court Hearing set for 10/7/2011 at 10:30 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) The undersigned will hear argument regarding the impact of Cullen v. Pinholster on these proceedings and, in particular, on the evidentiary hearing and on petitioner's motion to expand the record. (Plummer, M)
October 11, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/07/11 granting 497 Motion for continuance of hearing. The October 7th hearing is continued to 10:00 a.m on 11/16/11. (Plummer, M)
October 13, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/12/11 ordering by 10/18/11, petitioner shall file a response to respondent's 10/10/11 objections to the deposition of Vonnie Riel. (Plummer, M)
October 20, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/19/11 ordering petitioner's noticed deposition of Ms. Riel may go forward. Respondent's objections thereto are rejected. (Plummer, M)
November 17, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/16/2011 ORDERING that within 60 days, petitioner shall file a memorandum of points and authorities addressing the satisfaction of 28 U.S.C. ยง2254(d) with respect to claims 2, 5, 6, 9, and 36 of the first amended petition; respondent shall file an opposition within 45 days of petitioner's brief; petitioner may file a reply within 30 days thereafter; after receipt of these briefs, the court will schedule oral argument.(Yin, K)
June 12, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 6/10/14 ORDERING that within 20 days of the filed date of this order, petitioner shall file a memorandum of points and authorities (see order for details). Within 20 days after petitioner has filed his memorandum, respondent shall file a responsive memorandum. Within 10 days thereafter, petitioner may file a reply. (Dillon, M)
October 30, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/30/15 recommending that the court find petitioner has satisfied 28 USC 2254(d) for his claims 2 and 5 with respect to the special circumstances and penalty phase determinations. The court find petitioner has failed to satisfy 2254(d) for his claims 2 and 5 with respect to the guilt phase determination. The court find petitioner has failed to satisfy 2254(d) for his claims 6,9 and 36. Petitioner's motion to expand the record or for an evidentiary hearing on his claim 36 470be denied. Federal habeas relief be denied as to petitioner's claims 6,9 and 36. MOTION Expansion of the Record 470 referred to Judge Morrison C. England Jr. Objections due within 60 days. (Plummer, M)
December 28, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/28/15 ORDERING that 553 Motion for Extension of time is GRANTED; Respondent shall have an additional 60 days, to and including February 29, 2016, to file objections to the Magistrate Judges findings and recommendations.(Dillon, M)
March 19, 2018
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ORDER signed by District Judge Morrison C. England, Jr. on 3/17/2018 FINDINGS AND RECOMMENDATIONS 550 are ADOPTED in FULL; Petitioner has satisfied 28:2254(d) for his claims 2 and 5 with respect to the special circumstance and penalty phase determinations; Petitioner has failed to satisfy Sec 2254(d) for his claims 2 and 5 with respect to the guilt phase determination; Petitioner has failed to satisfy Sec 2254(d) for his claims 6, 9, and 36; Petitioner's 470 Motion to Expand the Record or for an Evidentiary Hearing on his Claim 36 is DENIED; Federal habeas relief is DENIED as to petitioner's claims 6, 9, and 36. 2; the court DECLINES to issue a Certificate of Appealability on claims 6, 9, and 36. (Reader, L)
April 10, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 4/9/2018 ORDERING parties to file a joint statement regarding the four subjects identified in this order by 6/8/2018. Magistrate Judge Deborah Barnes will hold a status conference on 6/15/2018 at 10:00 AM in Courtroom 27.(Henshaw, R)
June 18, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 6/15/2018 ORDERING, by 11/30/2018, the parties shall exchange lists of the witnesses whose testimony each party tentatively intends to put on as part of the evidentiary hearing. Those lists shall include a summary of each witness's testimony. A status and scheduling conference is set for 1/11/2019 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. At that conference, the parties should be prepared to discuss: (1) whether either party will seek additional discovery on the evidentiary hearing claims; (2) a date for the evidentiary hearing and its anticipated length; and (3) how the testimony of each witness should be taken. (Yin, K)
September 19, 2018
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ORDER signed by District Judge Morrison C. England, Jr. on 9/18/2018 DENYING 373 Motion for Reconsideration. (Zignago, K.)