Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

99-628 - (DP) (HC) Frye v. Calderon, et al


Download Files

Metadata

Document in Context
99-628 - (DP) (HC) Frye v. Calderon, et al
August 19, 2005
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 08/18/05 ORDERING Evidentiary Hearing re-set for 9/26/2005 at 09:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Carlos, K)
September 22, 2005
PDF | More
ORDER CONTINUING DATE FOR ARGUMENT ON PETITIONER'S EVIDENTIARY HEARING MOTION signed by Judge Kimberly J. Mueller on 9/22/05 ORDERING Petitioner's Request for a continuance 200 is GRANTED. Argument on the motion is CONTINUED to 10/11/05 at 10:00AM before Judge Kimberly Mueller. (Sherman, T)
March 14, 2006
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 3/13/06 ORDERING that within 20 days of the filed date of this order, respondent shall file a supplemental brief addressing whether or not petitioner failed to develop the factual basis of each claim upon which petitioner seeks an evidentiary hearing. Within 20 days of the filing of respondents' supplemental brief, petitioner shall file a responsive supplemental brief. (Kastilahn, A)
April 4, 2006
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 4/3/06 ORDERING that respondent's 205 3/24/06 request for an ext of time is GRANTED. Respondent's supplemental brief shall be filed by 4/24/06. Petitioner's 206 3/28/06 request to vacate or modify the 3/14/06 order is DENIED. (Kastilahn, A)
May 1, 2006
PDF | More
STIPULATION and ORDER re: 208 Stipulation and Proposed Order to Modification of Protective Order signed by Judge Kimberly J. Mueller on 4/28/06. (See order for details.)(Kastilahn, A)
May 12, 2006
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 5/11/06 ORDERING that petitioner's 211 request for a 30 day extension of time for filing his reply to the State's supplemental brief in opposition to an evidentiary hearing is GRANTED. Petitioner's reply brief shall be filed on or before 6/10/06.(Caspar, M)
December 1, 2006
PDF | More
ORDER re 162 Petitioner's 7/19/04 motion for an evidentiary hearing is GRANTED IN PART AND DENIED IN PART, signed by Judge Kimberly J. Mueller on 12/1/06. The undersigned will hold an evidentiary hearing (see order for details). On 12/19/06 at 10:00 a.m. in courtroom #26, the undersigned will hold a status conf. Counsel need not file status reports but shall be prepared to discuss procedures and a schedule for preparing for and conducting an evidentiary hearing. (Kastilahn, A)
December 19, 2006
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 12/18/06 ORDERING that the 215 motion/request for extension is GRANTED; Requests for reconsideration of the 214 Order to be filed on or before 1/12/07; the 12/19/06 Status Conference is VACATED and to be rescheduled after any motions for reconsideration are resolved. (Yin, K)
January 17, 2007
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 1/17/07 GRANTING resp's 219 Request for an Extension of Time. Resp has until 2/1/07 in which to file a response to ptnr's 219 Request for Reconsideration. (Brown, T)
January 22, 2007
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 1/19/07 re 221 ORDERING that petitioner's request for extension of time to file response to state's request for reconsideration 217 is GRANTED. (Duong, D)
December 13, 2007
PDF | More
ORDER signed by Judge Lawrence K. Karlton ORDERING respondent's motion for reconsideration 217 and petitioner's motion for reconsideration218 are both DENIED. (Carlos, K)
December 18, 2007
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 12/17/2007 ORDERING Status Conference set for 1/9/2008 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller to discuss procedures and a schedule for preparing for and conducting an evidentiary hearing. (Matson, R)
January 10, 2008
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 01/09/08 ORDERING that 225 Motion to Compel is GRANTED to the extent it requests a deadline for discovery. The CDCR is directed to comply with all discovery by 07/31/08. As soon as this discovery is completed, whether on or prior to 07/31/08, the parties shall file a joint notice of completion. By 01/31/08, the parties shall file a joint proposal for a pre-evidentiary hearing schedule and a proposed date for the evidentiary hearing. (Benson, A)
February 4, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/4/08 GRANTING 235 Request for extension of time. Joint proposal shall be filed by 2/11/08.(Dillon, M)
February 26, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 02/25/08 ORDERING that an Evidentiary Hearing is set for 08/11/08 at 09:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller and a Status Conference is set for 03/05/08 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller.(Benson, A)
April 2, 2008
PDF | More
ORDER re Pre-Evidentiary Hearing Matters and Scheduling signed by Magistrate Judge Kimberly J. Mueller on 4/1/08. Pre-Evidentiary Hearing Conference set for 8/4/2008 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (See Order for further details) (Yin, K)
April 2, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/1/08 GRANTING 244 Request for extension of time. Any proposed protective order shall be filed on or before 3/28/08.(Dillon, M)
April 7, 2008
PDF | More
PROTECTIVE ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/4/08 ORDERING that all documents produced to Resp pursuant to Resp's request to discover Ptnr's trial counsel's files shall be deemed to be confidential. (Engbretson, K.)
April 7, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/7/08 ORDERING Ptnr shall make his trial counsel's files available to Resp by 4/9/08. (Engbretson, K.)
April 21, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/21/2008 ORDERING respondents 4/18/2008 request for a two-day extension of time to file a response to petitioners 4/16/2008 request for reconsideration by the district judge is GRANTED. Respondents response is due 4/25/2008. (Matson, R)
May 6, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/6/2008 ORDERING that paragraph 1, subparagraph g, on page 7 of 249 Order, shall be amended as stated in this order. With respect to the change sought to 251 Protective Order to add specific coverage for experts who worked with defense counsel, it should be noted that such coverage is not necessary, as this court concluded following parties' last appearance. Any work of defense experts is covered by the Protective Order. However, the undersigned hereby amends paragraph 1 at page 2, lines 15-16 as stated in this order. (Waggoner, D)
May 6, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/6/2008 ORDERING on or before May 9, 2008, the parties shall each file a brief statement, no longer than two pages, regarding the status of the proceedings set out in the April 2, 2008 scheduling order and whether they believe proceedings are on track for the evidentiary hearing to begin as scheduled on August 11, 2008.(Waggoner, D)
May 20, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/19/2008 DENYING 263 Application for Reconsideration. (Matson, R)
May 30, 2008
PDF | More
[MODIFIED, See #292]ORDER signed by Magistrate Judge Kimberly J. Mueller on 05/30/08 ORDERING that: petitioner's 262 Request for a 2 week extension to disclose the expert report of Ms. Cornell and a 5 day extension to disclose the remaining portions of Dr. Young's report are GRANTED; respondent's 261 request for an extension of time to provide petitioner with his experts information is GRANTED; if petitioner wishes to file a reply to respondents 05/22/08 document, he may w/i 10 days. Thereafter, the court will rule on petitioners 266 request for expansion of the record; petitioner will have the opportunity to submit his position on respondents 273 request for expansion of the record in the 07/31/08 joint statement; petitioner's reply, if any, to respondent's 280 statement regarding Levenson is due by 06/09/08; respondent's 284 Request to seal exhibits I and J of document #273 is GRANTED provisionally and Clerk shall seal these exhibits; petitioner's 282 request for a status conference is DENIED. (Benson, A) Modified on 6/4/2008 (Waggoner, D).
June 4, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/3/2008 ORDERING 290 Order is hereby MODIFIED so that Petitioner may file a reply to 287 Respondent's filing regarding Petitioner's request to expand the record, and a reply to 280 Respondent's filing regarding Professor Laurie Levenson's proposed testimony, on or before 6/19/2008.(Waggoner, D)
June 13, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/13/2008 ORDERING that w/i 5 days of the filed date of this order, the parties shall inform the court whether they wish to submit briefing to this court on the issue, or whether they wish to proceed with the order in Osband as this court's holding in the present case. After receiving statements, the court will advise the parties on whether a status conference regarding pre-evidentiary hearing matters will be set and whether the 8/11/08 hearing date remains realistic. (Attachments: # (1) Order in 2:97-cv-152 WBS KJM)(Waggoner, D)
June 25, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/25/08 ORDERING that the parties may stipulate to a different method of presenting Professor Levensons out-of-court testimony. The April 2 scheduling order requires a joint statement by July 31 regarding the methods for taking testimony; any stipulation of the parties should be included in that joint statement.(Dillon, M)
July 9, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/8/08 ORDERING the clerk to file a copy of the 6/13/08 order referenced in case CIV-S-97-152 WBS KJM, Osband v. Ayers; petitioner's opening brief due 7/21/08, respondent's response due 8/5/08, petitioner's reply due 8/12/08; Pre-Evidentiary Hearing set for 10/27/2008 and Evidentiary Hearing set for 11/3/2008 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Yin, K)
August 6, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/5/08 ORDERING that respondent's 313 request for discovery is DISREGARDED. (Yin, K)
August 13, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 08/13/08 ORDERING that the court will hear argument on all the 324 motions in limine but the motion regarding Officer Bryson on 08/19/08 at 10:00 a.m. The parties may argue the motion regarding Officer Bryson after the evidence has been taken on claims 42 and 44. Because the evidentiary hearing on the ineffective assistance of counsel claims will not begin until November, the court will not consider limitations on Ms. Graves testimony regarding the ineffective assistance of counsel claims at this time. By 08/15/08, respondent shall file any opposition to 324 petitioner's 08/11/08 motions in limine regarding claims 42 and 44 and regarding the deposition testimony of Officer Bryson. (Benson, A)
August 14, 2008
PDF | More
ORDER signed by Senior Judge Lawrence K. Karlton on 8/14/2008 DENYING Petitioner's motion for reconsideration. (Reader, L)
August 20, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/19/08 GRANTING 328 Motion to Present Witness by Deposition. Ptnr shall take Ms. Fairfield's deposition on 8/20/08. The deposition shall be recorded by audiovisual and stenographic means. (Engbretson, K.)
August 20, 2008
PDF | More
ORDER SHORTENING TIME signed by Magistrate Judge Kimberly J. Mueller on 8/19/08 GRANTING 329 Application to shorten time. Motion Hearing set for 8/19/2008 at 10:00 AM before Magistrate Judge Kimberly J. Mueller.(Dillon, M)
August 20, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/19/08 GRANTING 330 Request to file declaration under seal. The Clerk of the Court is directed to file under seal the declaration of counsel submitted on 8/14/08.(Dillon, M)
August 22, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 08/21/08 ORDERING that petitioner's 324 Motions in Limine are GRANTED in part and DENIED in part as follows: the testimony of Jo Graves is limited to her perceptions relevant to claim 44 and Federal Rule of Evidence 606(b) applies to the testimony of Shelby Fairfield. (Benson, A)
August 25, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 08/25/08 ORDERING as follows: (1) Investigative Notes of Special Agent Radu: If petitioner maintains his assertion of a discovery violation, w/i 5 five days he shall inform the court of the basis for his assertion and propose a remedy; (2) Further Evidence Regarding Claims 42 and 44: by 09/05/08, petitioner may submit any additional testimony from Professor Garnett by declaration. Within 5 days of the filed date of any declaration, respondent shall file a statement regarding whether, and if so how, he wishes to cross-examine Professor Garnett on the declaration; (3) Joint Statement Regarding Briefing Schedule for Claims 42 and 44: by 08/26/08, the parties shall file either a joint statement proposing a briefing schedule for claims 42 and 44 or separate statements explaining the party's disagreements and suggesting schedules; (4)(a) Motions in Limine Regarding Officer Bryson, 324 08/11/08 Motion: Petitioner's 08/11/08 Motion to Limit the Testimony of Officer Bryson is GRANTED in part and DENIED in part; (4)(b)Motions in Limine Regarding Officer Bryson, 327 08/14/08 Motion: Motion is GRANTED. (Benson, A)
September 18, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 09/16/08 ORDERING that, pursuant to the 345 Joint Statement, Petitioners initial brief on the merits of claims 42 and 44 shall be filed by 10/17/08; Respondents responsive brief shall be filed by 10/31/08; Petitioners reply brief shall be filed by 12/19/08 and, after receiving all the briefs, the court will schedule oral argument if necessary. (Benson, A)
September 30, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 9/29/08 ORDERING that a Telephonic Conference is set for 10/7/2008 at 11:30 AM before Magistrate Judge Kimberly J. Mueller to discuss the method for taking the testimony of evidentiary hearing witnesses. (Yin, K)
October 7, 2008
PDF | More
STIPULATION and ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/07/08 ORDERING that the schedule for briefing regarding Claims 42 and44 is hereby modified as follows: petitioner will file his opening brief on 01/05/09; respondent will file its answer brief on 01/30/09 and petitioner will file his reply on 02/13/09. (Benson, A)
October 16, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/16/08: Both parties shall have 2 additional days to exchange exhibit binders; petitioner's shall file proposed protective order within 5 days; the parties shall conduct depositions to take the testimony of all witnesses except defense trial personnel Mr. Iverson, Ms. McDowell, Ms. Walle and Mr. Bricker. The depositions need not be videotaped; joint statement regarding stipulations, disagreement or motions in limine due by 10/24/08; the Pre-Evidentiary Hearing is continued to 10/28/2008 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Manzer, C)
October 16, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/16/08 ORDERING that with the addition of the analysis contained in this order, this court adopts the reasoning and conclusions in the June 13, 2008 order issued in Osband v. Ayers, CIV S-97-0152 WBS KJM. (Manzer, C)
October 22, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/21/2008 GRANTING IN PART AND DENYING IN PART Petitioner's 266, 267,268, 269,270 and 271 Request to expand the record. Petitioner's proposed exhibits 2-13, 16, 21, 23 and 25 are admitted. Petitioners proposed exhibits 1, 17-19, 24 and 26-35 also are admitted under Rule 7. The remaining proposed exhibits 14, 15, 20 and 22 are not admitted at this time. (Streeter, J) Modified on 10/23/2008 (Streeter, J).
October 31, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/30/08 ORDERING that the date for filing motions in limine is EXTENDED to 10/31/08 and oppositions shall be FILED by 11/7/2008. A second pre-hearing conf to hear arguments on motions in limine and discuss any addt'l pre-hearing issues is SET for 11/12/2008 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. Respondent is GRANTED a one-day ext, to 11/7/08, to respond to petitioner's request for reconsideration, which will be filed no LATER THAN 10/30/08. Taking testimony of expert witnesses by deposition is RESCHEDULED to 11/19 and 20, 2008 by Dr. Jeff Victoroff, 11/24 and 25 by Marilyn Cornell, Dr. Mark Cunningham on 12/8 - 10, and Dr. Myla Young on 12/10 -12th. On 10/23/08, petitioner shall file a proposed protective order; and by the close of business on 10/30/08, respondent shall file any response. (Kastilahn, A)
November 3, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/3/08 (nunc pro tunc to 10/31/08) GRANTING petitioner's 366 Request for Extension of Time to file reconsideration of Court's Orders. Request for Reconsideration shall be file on or before 10/31/08. Any Response shall be filed by 11/3/08; any Reply to such Response shall be filed by 11/10/08. (Marciel, M)
November 4, 2008
PDF | More
PROTECTIVE ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/03/08. (Mena-Sanchez, L)
November 5, 2008
PDF | More
CORRECTED ORDER Extending Time for Reconsideraton Filings signed by Magistrate Judge Kimberly J. Mueller on 11/4/08. IT IS HEREBY ORDERED that any response to Petitioners request for reconsideration shall be FILED by 11/10/08, and any reply to such a response shall be FILED by 11/17/08.(Kastilahn, A)
November 14, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/13/08 DENYING 370 Statement Regarding Request to Expand the Record; and DENYING 369 Motion in Limine; and GRANTING IN PART AND DENYING IN PART 371 Motion in Limine.(Streeter, J)
November 24, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/20/08 ORDERING that by 12/1/08 petitioner to file any further briefing on his motion to limit the testimony of Dr. Jones; respondent's opposition due by 12/5/08; the court to rule on petitioner's motion shortly after receiving the briefing.(Yin, K)
December 1, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/1/2008 GRANTING 398 Petitioner's Request for a two-day extension of time. Petitioner's brief is due no later than 12/3/2008, and any further opposition from Respondent shall be filed no later than 12/8/2008. (Reader, L)
December 1, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/01/2008 ORDERING that Mr. Dixon's due date for his statement regarding any unrecorded conversations or statements made during his April 30 meeting with Maggy Krell and David Hordyk is continued to December 15, 2008. Clerk is directed to serve this order and a copy of the November 14, 2008 order on Larry Dixon, Esq. P O Box 995, Jackson, CA 95642 via US mail. (Streeter, J)
December 5, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/04/08 ORDERING that Respondent's brief, related to Petitioner's motion to limit the testimony of Dr. Jones, is due no later than December 9, 2008. (Streeter, J)
December 9, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/08/08 ORDERING that petitioner's 400 12/01/08 Request to Modify the 11/21/08 Order and to Strike the Hordyk Declaration is DENIED. (Benson, A)
December 9, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/08/08 ORDERING the Clerk is directed to serve by United States mail copies of Mr. Dixons declaration on counsel for petitioner and counsel for respondent. After reviewing the declarations submitted pursuant to the 11/14/08 and 12/01/08 orders, the court will determine whether they should be filed in the public file or under seal. (Served as ordered). (Benson, A)
December 15, 2008
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/15/2008 GRANTING 412 Stipulation and Proposed Order filed by California Department of Corrections and Rehabilitation; The hearing on 389 Motion to Compel is continued to 1/7/2009 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Matson, R) Modified on 12/15/2008 (Matson, R).
January 7, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/6/09 ORDERING that the 417 request is GRANTED. Petitioner shall file his brief on or before January 9, 2009. Respondent's brief shall be filed on or before February 5, 2009, and Petitioner's reply is due February 20, 2009. (Duong, D)
January 9, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 01/08/09 ORDERING that petitioner file a declaration or declarations that answer the questions stated in this order and provide the court with a copy of the specific requests with which he wishes the court to compel CDCR's compliance and a statement of CDCR's responses to date to those requests by 01/16/09; to the extent either party seeks the court's resolution of a discovery dispute in the future, that party shall comply with Local Rule 37-251 in its entirety. (Manzer, C)
January 22, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/21/09 ORDERING that. Petitioner's 423 request is GRANTED. The requests for production shall be filed under seal.(Duong, D)
January 22, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/22/09 ORDERING that Respondent's 432 January 21 motion for reconsideration of the court's January 21 order is DENIED. If respondent seeks reimbursement of expenses incurred due to the cancellation of Dr. Jones' deposition, he may make an appropriate motion requesting as much. (Duong, D)
February 6, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/5/2009. Within 20 days of filed date of this Order, petitioner may file further Briefing in support of Motion to Exclude Mr. Dixon's testimony. Within 20 days of service of petitioners Brief, respondent may file a Response. (Marciel, M)
February 6, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/5/2009. Within 5 days of filed date of this Order, petitioner shall file UNDER SEAL a list identifying those reports he claims CDCR has failed to turn over. Within 10 days of date petitioner files his Supplemental List, respondent shall file any Response to that list and to January 16 Declaration. (Marciel, M)
February 13, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/12/2009 DENYING petitioner's 441 Request for Court to Clarify and/or Modify the 2/6/2009. (Marciel, M)
February 24, 2009
PDF | More
e filed date of this order, petitioner may file any reply.(Matson, R)ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/23/2009 ORDERING Pursuant to the courts 2/6/2009 order, the California Department of Corrections and Rehabilitation has filed a response to petitioners 1/16 and 2/9 filings. W/in 10 days of th
March 2, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 3/2/09 ORDERING Pursuant to the parties' stipulation, the hearing on Respondent's February 20, 2009, Motion for Reimbursement of Expenses for Cancellation of Expert Witness Deposition is continued from March 25, 2009 to April 8, 2009 at 10:00 a.m. in courtroom # 26. (Becknal, R)
March 24, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 3/24/2009 GRANTING, in part, respondent's 455 Request to Withdraw Exhibit. Clerk directed to remove Exhibit 1 of 2/20/2009 445 Motion for Reimbursement from public file and place it UNDER SEAL. Respondent has submitted to Court a redacted version of Exhibit 1 to 2/20/2009 Motion. Clerk directed to file redacted version in public file. (Marciel, M)
April 6, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/3/09 ORDERING that to the extent Ptnr's 389 motion to compel seeks production of the 472 PORs listed in Ptnr's 7/14/08 request for production, it is GRANTED. To the extent the motion seeks production of the 92 PORs listed in the attachment to the 2/18/09 Declaration of Paula Sholberg, the motion to compel is DENIED as moot. Clerk to serve a copy of this order upon Mark H. Harris, Esq. (Engbretson, K.)
April 10, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/8/2009 DENYING 445 Motion for reimbursement of expenses. (Gaydosh, J)
May 5, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/4/09 ORDERING that the 369 motion to strike is DENIED; respondent shall provide petitioner's counsel with a legible copy of the notes of Sergeant Eric Bryson to which he refers to on pages 11 to 14 of the transcript of his August 28 deposition within 20 days. (Gaydosh, J)
May 5, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/4/09 ORDERING that the 369 motion in limine to exclude proposed exhibits R-1 and R-2 is DENIED; clerk is directed to file under seal the 11/21/08 declaration of Maggy Krell and the 12/3/08 declaration of Larry Dixon. These documents shall remain under seal during the course of this and all other federal proceedings. (Gaydosh, J)
May 12, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/11/2009 ORDERING 369 MOTION IN LIMINE filed by Jeanne S. Woodford is DENIED in accordance with this order. Within 10 days from date of this order, the parties shall file a joint statement proposing dates for the taking of Dr. Jones' testimony in court, taking into account the court's availability. (Waggoner, D)
May 26, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/22/2009 ORDERING 470 Dr. Jones' Evidentiary Hearing Testimony shall be heard on 8/3/2009 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Reader, L)
May 29, 2009
PDF | More
ment shall either certify that, after review of the original POR, the copy provided reflects the original or that a true copy is attached to the statement. By 06/22/09, petitioner may file a request for production of PORs to replace all PORs that were not provided or were provided but are unusable. CDCR shall have 30 days of that request to provide a complete response, including production of all available PORs requested. (Benson, A.)ORDER signed by Magistrate Judge Kimberly J. Mueller on 05/28/09 ORDERING that w/i 20 days, CDCR shall pay $4,156.50 to the Clerk in sanctions for the failure to comply with prior court orders on this discovery and inrecognition of CDCRs current failure to comply fully with the 04/06/09 order. CDCR is cautioned that further failure to produce the requested discovery could result in further sanctions. Within 10 days, counsel for CDCR shall provide petitioners counsel with an appropriate response for the 28 or 29 PORs for which it has made no response; also w/i 10 days, counsel for CDCR shall provide petitioners counsel with a statement regarding the 20 PORs identified as having missing pages or which are partially illegible. That state
July 9, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/8/09 ORDERING that Petitioner has submitted a response to respondent's notice re nonproductionof the notes of witness Eric Bryson. Petitioner's 7/2/09 filing is construed as a motion to strike or disregard Sgt. Bryson's testimony. By 7/22/09, respondent shall file any opposition to this motion. By 8/5/09, petitioner shall file any reply. After submission of the briefs, the court will schedule oral argument if necessary. (Becknal, R)
August 6, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/5/2009. The following Briefing Schedule has been ordered: (1) petitioner shall file Opening Brief by 10/16/2009; (2) respondent shall file Opposition by 11/13/2009; (3) petitioner may file Reply by 12/4/2009. After receipt of all Briefing, Court will set oral argument if necessary. (Marciel, M)
August 25, 2009
PDF | More
ORDER EXTENDING TIME FOR FILING PETITIONER'S REPLY TO STATE'S RESPONSE TO PETITIONER'S REQUEST FOR RELIEF RE: ERIC BRYSON signed by Magistrate Judge Kimberly J. Mueller on 9/25/09. Petitioner's reply, which was filed 8/6/09 is DEEMED timely filed. (Mena-Sanchez, L)
September 11, 2009
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 9/10/2009 GRANTED in PART and DENIED in PART 483 Petitioner's motion to strike or disregard Sgt. Bryson's testimony. The court will disregard any testimony given by Sgt. Bryson at his 8/28/2008 deposition that contains new information that materially adds to information provided in Bryson's 4/24/2008 declaration or exceeds the scope of that declaration. Within 20 days of the filed date of this order, petitioner shall identify all testimony given by Sgt. Bryson that falls within the proscription set out in paragraph 1. Within 20 days thereafter, respondent shall file a response. Petitioner may file a reply within 10 days of the filing of the response. (Reader, L)
March 11, 2010
PDF | More
ORDER signed by Senior Judge Lawrence K. Karlton on 3/10/2010 ORDERING 360 the parties MAY file additional statements, not to exceed 10 pages, 373 limited to the question of whether the motion for reconsideration is moot. Such additional statements may be filed no later than seven (7) days from the date of this order. (Reader, L)
July 23, 2010
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/22/10 ORDERING that the court will disregard the multiple burglary charges references at pages 7, 18 and 14 through 17 of the transcript of Stg. Bryson's 8/28/08 Deposition. (Owen, K) Modified on 7/23/2010 (Owen, K).
August 10, 2010
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/9/10: Petitioner's request to exclude Dr. Jones' testimony on the basis of Federal Rule of Evidence 702 and Daubert is denied. (Kaminski, H)
August 16, 2010
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/14/2010. Clerk directed to remove DISREGARD notice from 518 519 520 521 Deposition Transcripts and re-file them as part of the record. In addition, petitioner is authorized to file transcript of Ms. Cornell's Deposition testimony on the docket. (Marciel, M)
September 30, 2010
PDF | More
ORDER signed by Senior Judge Lawrence K. Karlton on 9/30/10 GRANTING 372 Motion for Reconsideration; the testimony of trial defense personnel shall take place in a closed hearing and the entire transcript shall temporarily remain under seal; petitioner shall file a sealed statement regarding protected portions of the transcript within 20 days of the hearing; respondent shall file a sealed responsive statement within 20 days of petitioner's filing; petitioner's reply due within 10 days of respondent's filing; thereafter the magistrate judge will designate those portions that shall remain under seal and set a post-hearing schedule; the magistrate will keep sealed all currently sealed transcripts and exhibits either until the time for a motion for reconsideration has passed or until further order of the district judge. (Manzer, C) Modified on 10/25/2010 (Manzer, C).
October 4, 2010
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/4/10 ORDERING that a Status Conference is SET 10/27/2010 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. By 10/20/10, the parties shall meet and confer and file a joint statement regarding the Status of these proceedings. (Mena-Sanchez, L)
October 18, 2010
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/18/10, ORDERING that respondent shall have an addt'l three days, to and including 10/22/10, to file an opposition to petitioner's request for reconsideration.(Kastilahn, A)
November 1, 2010
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/1/10 ORDERING that the following witnesses shall provide their evidentiary hrg testimony on 2/14/11 at 9:00 a.m: Judd Iversen, Madeline McDowell, Theresa Waller, James Thomson, Gary Bricker and Larry Dixon; the hrg will proceed through 2/18 and resume on 2/28 until concluded; the testimony of the remaining evidentiary hrg witnesses shall be taken by deposition. Before 11/15/10, the parties shall meet and confer re scheduling the testimony of these witnesses. By 11/15, the parties shall file a joint stmt setting out a schedule for taking that testimony; By 10/29/10, petitioner shall have filed any motion for an evidentiary hrg on claim 37. If respondent will seek discovery on claim 37, he shall file a motion for discovery by 11/29/10. If respondent will not seek discovery on claim 37, he shall file any opposition to the evidentiary hrg motion by 12/15/10. Petitioner shall file any reply w/i 30 days of the filing of the opposition. After receipt of the briefs, the court will determine whether oral argument is necessary; By 11/30/10, petitioner shall file the videotape of Dr. Victoroff's testimony.(Becknal, R)
December 7, 2010
PDF | More
ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/6/10 ORDERING that the court did not intend to limit respondent's discovery on claim 37 to that respondent might need to oppose the motion for an evidentiary hearing. The court will permit the parties to conduct discovery on claim 37 if it grants petitioner's motion for an evidentiary hearing on claim 37. (Becknal, R)
January 14, 2011
PDF | More
ORDER signed by Magistrate Judge Dale A. Drozd on 1/13/11 ORDERING that the 2/14/11 evidentiary hearing described in the courts November 1, 2010 order is VACATED. The undersigned will hold a status conference on January 24, 2011 at 10:00 a.m. to discuss issues related to scheduling the remaining evidentiary hearing testimony and any other pending matters. (Dillon, M)
January 14, 2011
PDF | More
ORDER signed by Chief Judge Anthony W. Ishii on 1/14/11 ORDERING that respondent's Motion 565 to Reassign Action and to Vacate Referral to Magistrate Judge is DENIED. (Becknal, R)
January 19, 2011
PDF | More
ORDER signed by Magistrate Judge Dale A. Drozd on 1/18/2011 ORDERING the Status Conference RESET for 2/7/2011 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Donati, J)
March 21, 2011
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/21/11 ORDERING that the undersigned will hear the evidentiary hearing testimony of petitioners witnesses Judd Iversen, Theresa Waller, and Gary Bricker starting on May 10, 2011 at 9:00 a.m. and continuing through May 11, if necessary, in Courtroom No. 24. (See order for further details.)(Dillon, M)
April 12, 2011
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/12/11 ORDERING that by 4/21/11, each party shall file a brief on the impact of Cullen v. Pinholster, No. 09-1088, 2011 WL 1225705 on these proceedings and, in particular, on the evidentiary hearing scheduled to start on May 10 pursuant to the 3/21/11 order.(Dillon, M)
May 3, 2011
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/3/2011 ORDERING that the 5/10/11 and 5/11/11 evidentiary hearing is DROPPED from calendar; w/in 30 days, ptnr to file a memorandum of Ps and As; w/in 30 days of ptnr's brief, respondent to file an opposition; w/in 21 days of respondent's brief, ptnr may file a reply; all briefs shall be complete and shall not incorporate by reference prior briefing in this or any other case; on 8/3/2011 at 10:00 AM in Courtroom 24 (EFB), Magistrate Judge Edmund F. Brennan will hear argument on the issues. (See Order for Further Details)(Yin, K)
June 20, 2011
PDF | More
ORDER signed by Senior Judge Lawrence K. Karlton on 6/17/11 ORDERING 586 Motion for Reconsideration is denied; The briefing schedule set out in the May 3, 2011 order is reinstated, using the filed date of the present order rather than the May 3, 2011 filed date; The argument set for August 3, 2011 is taken off calendar. Whether and when to hold argument is left to the discretion of the Magistrate Judge. (Matson, R)
July 6, 2011
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/06/11 granting 590 Motion to modify briefing schedule. Petitioner's brief is due 10/15/11, the state's brief is due 12/15/11, and a reply is due 01/12/11. (Plummer, M)
September 28, 2011
PDF | More
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/28/11 ORDERING that petitioner shall file his brief by 10/27/11; Respondent shall file his brief by 12/25/11. (Dillon, M)
February 17, 2012
PDF | More
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/16/2012 GRANTING respondent's 614 request to modify the briefing schedule; respondent's brief due by 4/18/2012; petitioner's brief due by 5/9/2012. (Yin, K)
May 9, 2012
PDF | More
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/08/12 ordering petitioner shall file his brief by 07/26/12. (Plummer, M)
July 13, 2012
PDF | More
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/13/12 DENYING 619 Motion for a hearing regarding a conflict of interest; The court will not consider any of the substantive arguments made in petitioners pro per filings because he is represented by counsel. Clerk of the Court is directed to serve a copy of this order upon petitioner Jerry Grant Frye by U.S. mail. (Dillon, M)
December 4, 2013
PDF | More
y to law or unreasonable as defined by 28 USC 2254. The allegations in petitioner's claim 42 that Juror Fairfield committed misconduct by communicating with her minister be denied on the merits. Petitioner's claim 44 be denied on the merits. Petitioner's 11/05/10 motion to expand the record and for an evidentiary hearing on claim 37 549 be denied. MOTION Expansion of the Record and/or Evidentiary Hearing 549 referred to Judge Lawrence K. Karlton. Objections due within 60 days. (Plummer, M) Modified on 1/22/2015 (Yin, K).[VACATED, SEE 658 AMENDED] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/03/13 recommending that petitioner's claims 2,3,25 and 37 be denied because the California Supreme Court's rejection of those claims was not contrary to law or unreasonable as defined in 28 USC 2254(d). The allegations in petitioner's claims 4,5, and 7 that were subject of the evidentiary hearing ordered previously be denied because the California Supreme Court's rejection of those claims was not contrary to law or unreasonable as defined in 28 USC 2254. The evidentiary hearing proceedings on petitioner's claims 28 and 29 resume because the California Supreme Court's denial of those claims was contrar
August 5, 2014
PDF | More
ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/5/2014 GRANTING 650 Motion for Extension of Time. Respondent shall have an additional 35 days, to and including 9/5/2014, to file a response to Petitioner Jerry Frye's Objections to Findings and Recommendations. (Zignago, K.)
August 28, 2014
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 8/27/2014 DENYING 532 Corrected Motion for Reconsideration. (cc: Death Penalty Group Sacramento) (Michel, G)
September 3, 2014
PDF | More
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/2/14 ORDERING that Respondents motion for an extension of time (ECF No. 654) is GRANTED. Respondent shall have an additional 14 days, to and including September 19, 2014, to file a response to Petitioner Jerry Fryes Objections to Findings and Recommendations. (Dillon, M)
January 22, 2015
PDF | More
AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/21/2015 VACATING the 12/4/2013 findings and recommendations 632 and RECOMMENDING that petitioner's claims 2, 3, 25, and 37 be denied because the CA Supreme Court's rejection of those claims was not contrary to law or unreasonable as defined in 28 U.S.C. § 2254(d); the allegations in petitioner's claims 4, 5, and 7 that were the subject of the evidentiary hearing ordered previously be denied because the CA Supreme Court's rejection of those claims was not contrary to law or unreasonable as defined in 28 U.S.C. § 2254(d); the evidentiary hearing proceedings on petitioner's claims 28 and 29 resume because the CA Supreme Court's denial of those claims was contrary to law or unreasonable as defined by 28 U.S.C. § 2254(d); the allegations in petitioner's claim 42 that Juror Fairfield committed misconduct by communicating with her minister be denied on the merits; petitioner's claim 44 be denied on the merits; petitioner' s November 5, 2010 Motion to Expand the Record and for an Evidentiary Hearing on Claim 37 (ECF No. 549 ) be denied. Referred to Judge Kimberly J. Mueller; within 30 days, any party may file supplemental objections to the portions of these amended findings and recommendations that differ from the 12/4/2013 findings and recommendations.(Yin, K)
February 27, 2015
PDF | More
ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/26/15 denying 661 Motion for Reconsideration to the extent petitioner requests withdrawal of the amended findings and recommendations. Petitioner's request for an extension of time is granted. Petitioner shall have 30 days from the filed date of this order to file any objections to the amended findings and recommendations. The limitations previously specified to those objections remain. (Plummer, M)
April 2, 2015
PDF | More
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/2/15 ORDERING that Petitioner's 3/30/15 Motion of Objection 665 is DENIED. The court will not consider any of the substantive arguments made in Petitioner's pro per filings because he is represented by counsel. E.D. Cal., Local Rule 191(c). The Clerk is directed to serve this document on petitioner Jerry Grant Frye by U.S. mail.(Mena-Sanchez, L)
November 17, 2015
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 11/16/15 ORDERING that petitioner's 663 Motion for Reconsideration is GRANTED in part and DENIED in part. The 658 Amended Findings and Recommendations are deemed the operative and pending F&Rs. Objections to those F&Rs, if any, shall be filed within 30 days. Any responses shall be filed in accordance with the Federal and Local Rules, and may refer to the original F&Rs while making any such reference clear. Requests for extensions of time shall be submitted to the assigned magistrate judge. Upon expiration of these time periods, the matter will be submitted for review by this court. (Benson, A)
April 20, 2016
PDF | More
ORDER signed by District Judge Kimberly J. Mueller on 4/19/16. Respondent is directed to provide a statement on its position, if any it has, on the authority of the assigned magistrate judge to issue amended F&Rs. This statement shall be filed within fourteen days. The court reserves the right to set a limited hearing on this question after respondent's statement is filed.(Mena-Sanchez, L)
August 9, 2016
PDF | More
ORDER signed by District Judge Kimberly J. Mueller on 8/8/2016 GRANTING 673 Motion for Reconsideration to the extent the court agrees its previous application of United States v. Raddatz was incorrect; DENYING 673 Motion for Reconsideration in all other respects; ORDERING that any amended objections to the 658 Findings and Recommendations be filed within thirty days. (Michel, G.)