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05-1912 - (HC)(DP) Lenart v. Ornoski


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05-1912 - (HC)(DP) Lenart v. Ornoski
October 28, 2005
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ORDER signed by Judge Kimberly J. Mueller on 10/27/05 ordering that petitioner's request for a stay of these proceedings is granted. Petitioner shall inform this court within 10 days after the CA Supreme Court resolves his habeas petition. If not resolved within 90 days, petition shall file a status report on the progress of the petition and continue to file a status report every 90 days until it is resolved. The Clerk is directed to serve this order upon counsel for both parties and serve 1 petition upon counsel for respondent.(Kastilahn, A)
February 26, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/25/08 ORDERING that the Office of the Federal Defender, Capital Habeas Unit, and Wesley A. Van Winkle, to represent petitioner; the clerk to serve copies of this order on the Office of the Federal Defender; on Mr. Van Winkle; on Robert L. Ayers; on the Attorney General of the State of California; on Cynthia Compton, CJA Administrator, Office of the Federal Defender; and on Sandy Andrews, Research and Policy Analyst, Office of the Circuit Executive.(Yin, K)
February 26, 2008
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NOTICE OF CASE BUDGETING CONFERENCE signed by Magistrate Judge Kimberly J. Mueller on 2/25/08: Budgeting Conference set for 3/13/2008 at 11:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller.(Yin, K)
March 7, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 3/7/08 ORDERING the Ex Parte Case Budgeting Conference currently set for 3/13/08 is CONTINUED to 4/3/08 at 11:00 in Courtroom 26.(Carlos, K)
November 4, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/4/2008 GRANTING 47 Notice of Motion to File Under Seal filed by Thomas Howard Lenart. Clerk shall file petitioners Memorandum of Points and Authorities UNDER SEAL, and shall lodge UNDER SEAL the copies of state court filings. Within 10 days of the date of this order, petitioner shall file a proposed protective order. Respondent shall file a response w/i 5 days of petitioner's filing. (Waggoner, D)
November 5, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/4/2008 GRANTING 48 Motion to Stay filed by Thomas Howard Lenart; Petitioner shall inform this court w/in 10 days after the California Supreme Court resolves his habeas petition filed there on 10/10/2008. If it is not resolved w/in 90 days of the date of this order, petitioner shall file a status report on the progress of the state habeas petition. (Matson, R)
December 2, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/1/08 GRANTING petitioner's 59 motion to lodge exhibit 184. (Yin, K)
December 2, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/1/08 ORDERING that the claims and exhibits lodged under seal pursuant to 53 Order are DEEMED CONFIDENTIAL and may used only by petitioner and respresentatives from the CA AG Office; disclosure to any other persons or agencies may not be made w/out an order from this court; this order to continue in effect after the conclusion of the hc proceedings. (Yin, K)
March 6, 2012
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/6/2012 GRANTING petitioner's 3/1/2012 request to seal documents. (Yin, K)
April 6, 2012
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/6/2012 ORDERING 88 Motion to perpetuate testimony is GRANTED; the 56 stay of these proceedings is LIFTED for the limited purpose of this motion to perpetuate testimony and the discovery permitted, as outlined in this Order.(Waggoner, D)
November 30, 2012
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/30/2012: After reviewing the parties memoranda of points and authorities, the court finds oral argument unnecessary on petitioners motion to lift the stay and amend the petition 96. The hearing scheduled for December 5, 2012 at 10:00 a.m. is vacated. (Owen, K)
December 6, 2012
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/6/12 ORDERING that the November 4, 2008 stay in this case is lifted temporarily to permit consideration of petitioners motion. Petitioners motion to amend 96 is granted. Petitioners request to be relieved of the obligation to file an amended petition immediately is also granted. Petitioners request to amend the November 4, 2008 stay of these proceedings to include the California Supreme Courts decisions on both pending state habeas proceedings is granted. Paragraph 2 of the November 4, 2008 Order 56 is amended.(Dillon, M)
May 3, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/03/13 granting 106 Motion to Seal. The following document shall be lodged and maintained under seal until further order of this court: Petitioner's attachment 11 to Notice of Motion and Motion to Stipulate to declaration and/or motion to perpetuate testimony, Declaration of Lissa J. Gardner. (Plummer, M)
May 22, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/22/2013 GRANTING petitioner's counsel Wesley Van Winkle's 109 request to participate by telephone in the 5/29/13 hearing. (Yin, K)
May 29, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/29/13 ORDERING that Petitioners request to lift the stay of these proceedings for the purpose of considering the motion to perpetuate testimony is granted. Petitioners motion to strike 113 respondents late brief is DENIED. Respondents request for permission 112 to file his late opposition brief is GRANTED. Argument on petitioners motion to stipulate to declarations and/or perpetuate testimony 105 is CONTINUED to June 5, 2013 at 10:00 a.m..(Dillon, M)
June 7, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/7/2013 ORDERING that the stay of these proceedings issued in November 2008 is LIFTED for the limited purpose of the perpetuation of testimony permitted in accordance with this order; petitioner's 105 motion to stipulate to declarations and/or to perpetuate testimony is GRANTED with respect to witnesses Dr. Globus, Dr. Wilson, Jack Suter, Flora Mortell, Claudean Crews Watkins, and E.C. Eddings; the testimony of these witnesses may be taken by stipulated declaration, if the respondent so agrees, or by deposition. (Yin, K)
July 9, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/08/13 ordering by the stipulation of the parties and for good cause shown, contingent upon this court's granting of an evidentiary hearing on claim 1 and/or claim 22 and/or claim 38 and/or claim 40 and/or claim 41 of the amended petition for writ of habeas corpus, petitioner's motion to stipulate to the declarations of Ms. Flora Mortell, Ms. Claudean Watkins and Mr. E.C. Eddings 105, attachments 14, 15, 7, and 8) in lieu of live testimony is granted and the declarations may be admitted as evidence not subject to objection on hearsay or foundational grounds as if the witness had testified at the evidentiary hearing. (Plummer, M)
August 15, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/15/13 GRANTING in part and DENYING in part 121 Motion for Discovery. Petitioner shall file a proposed protective order within 21 days. Respondent shall file a response within 10 days thereafter. Petitioner's reply due within 5 days thereafter. (Manzer, C)
November 21, 2013
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ORDER signed by Chief Judge Morrison C. England, Jr on 11/19/2013 ORDERING 129 Motion for Reconsideration is DENIED. (Waggoner, D)
January 13, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/13/14 ordering that the protective order proposed by petitioner in his 12/06/13 filing 139 is adopted. (Plummer, M)
February 3, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/3/2014 GRANTING Petitioner's unopposed Request to Seal. The Clerk is DIRECTED to file on the public docket petitioner's request for leave to submit motion and documents ex parte and under seal and the proposed order. The clerk is DIRECTED to file under seal petitioner's ex parte application for ruling on discovery of specific documents. Petitioner shall disclose to respondent all documents in exhibit B-1 to his application. Petitioner need not disclose the document in exhibit C. (Donati, J)
December 1, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/30/15 ordering the stay of these proceedings 56 is lifted. ( Status Conference set for 12/9/2015 at 10:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.)As he requested, Mr. Van Winkle may participate by telephone. (Plummer, M)
December 11, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/11/2015 ORDERING, within 90 days, petitioner shall file a second amended petition. Within 180 days, respondent shall file a Notice of Lodging and lodge with the court the state court record in accordance with this order. Within 60 days of the filing of the second amended petition, respondent shall file an answer. (Yin, K)
July 18, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/18/16 GRANTING 185 Motion for Extension of Time to File Answer. Respondent shall have an additional 30 days, to and including August 7, 2016, to file a response to Petitioners Second Amended Petition for Writ of Habeas Corpus in this matter.(Dillon, M)
July 21, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/21/16 ordering respondent's July 11, 2016 request is granted. The clerk of the court is directed to file under seal the following items: (See order for further details on list of items to be sealed.)(Plummer, M)
April 6, 2018
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/06/18 ORDERING ( Status Conference set for 5/16/2018 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Counsel are ordered to meet and confer concerning these issues. The parties are ordered to submit a joint statement the court 7 days prior to the hearing concerning their views on the issues mentioned herein even if counsel may not be able to agree. (See order for further details) (Plummer, M)