Hector Garcia v. United States of America
| Hector Garcia |
| United States and United States of America |
| 5:2020cv01137 |
| June 2, 2020 |
| US District Court for the Central District of California |
| Virginia A Phillips |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 14
ORDER PERMITTING ADDITIONAL DISCOVERY AND MODIFYING BRIEFING SCHEDULE by Judge Virginia A. Phillips, re Stipulation #13 : The Court modifies part (B) of that order as follows: a. The government shall be permitted to propound interrogatories on prior defense counsel (James Boyd, Esq.) no later than August 7, 2020. b. Prior defense counsel shall prepare written answers to the interrogatories by no later than August 21, 2020 and sign such answers under penalty of perjury. Prior defense counsel shall provide the interrogatories and answers to defendant (through the Office of the Federal Public Defender) for defendant's review. c. By no later than August 28, 2020, defendant shall either withdraw his motion or provide the USAO with the written responses, with supporting exhibits, if any, answering the interrogatories propounded by the USAO, or noting objections to those interrogatories as being beyond the scope of defendant's waiver, together with the reasons for any such objections. d. By no later than September 11, 2020, assuming that there are no objections as set forth above, the government shall file its response to the motion. If there are objections the government seeks to contest, the government shall file a motion to resolve the objections along with a proposed briefing schedule. The government may also apply to the Court for leave to seek additional discovery and for an amended briefing schedule, if necessary. e. By no later than September 25, 2020, petitioner shall file her reply to the government's opposition or an opposition to any motion to dismiss filed by the government. The Court further orders that the responses to the interrogatories shall be considered "confidential information" and treated the same as prior counsels declaration, as set forth in the Court's June 23, 2020 order. (bm)
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| Filing 13 STIPULATION for Order Permitting Additional Discovery and Modifying Briefing Schedule filed by Respondent United States of America. (Attachments: #1 Proposed Order)(Kakkar, Puneet) |
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Filing 12
Minute Order Re Defendant's Objections (IN CHAMBERS) by Judge Virginia A. Phillips. The Court has reviewed the Declaration of James Boyd, and the Objections thereto submitted by Defendant Garcia. The Court overrules the objections to the language on page 1, line 27, and on page 2, lines 5 through 13; the remainder of the objections are sustained. Counsel for the government shall redact the language to which the objections were sustained from the Boyd declaration when it is filed. IT IS SO ORDERED. (lom)
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| Filing 11 NOTICE of Manual Filing filed by Petitioner Hector Garcia of Objection to Declaration. (Ale, Carel) |
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Filing 10
ORDER (1) AUTHORIZING DISCLOSURE OF CERTAIN ATTORNEY-CLIENT COMMUNICATIONS; (2) ESTABLISHING PROCEDURES FOR OBTAINING SUCH ATTORNEY-CLIENT COMMUNICATIONS, (3) IMPLEMENTING PROTECTIVE ORDER FOR SUCH OBTAINED COMMUNICATIONS; AND (4) AMENDING BRIEFING SCHEDULE ON DEFENDANT'S Section 2255 MOTION by Judge Virginia A. Phillips granting #8 EX PARTE APPLICATION (bm)
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| Filing 9 DECLARATION of Defendant-Petitioner Hector Garcia re Motion to Vacate, Set Aside, or Correct Sentence (28:2255) (Attorney Civil Case Opening),,,, #1 filed by Petitioner Hector Garcia. (Ale, Carel) |
| Filing 8 EX PARTE APPLICATION for Order for (1) AUTHORIZING DISCLOSURE OF CERTAIN ATTORNEY-CLIENT COMMUNICATIONS; (2) ESTABLISHING PROCEDURES FOR OBTAINING SUCH ATTORNEY-CLIENT COMMUNICATIONS, (3) IMPLEMENTING PROTECTIVE ORDER FOR SUCH OBTAINED COMMUNICATIONS; AND (4) AMENDING BRIEFING SCHEDULE ON DEFENDANTS 2255 MOTION filed by Respondent/Plaintiff United States of America. (Attachments: #1 Proposed Order) (Kakkar, Puneet) |
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Filing 7
ORDER REQUIRING RETURN TO Section 2255 MOTION by Judge Virginia A. Phillips, re Motion to Vacate, Set Aside, or Correct Sentence (28:2255) #1 : IT IS HEREBY ORDERED that the United States Attorney file a Return to the motion on or before June 29, 2020, accompanied by all records, and that Respondent serve a copy of the Return upon the Petitioner prior to the filing thereof. NO EXTENSIONS OF TIME WILL BE GRANTED EXCEPT FOR GOOD CAUSE SHOWN UNDER EXTRAORDINARY CIRCUMSTANCES. IT IS FURTHER ORDERED that if the Petitioner desires to file a Reply to the Return, he shall do so twenty-one days from the Return filing date, setting forth separately: (a) his admission or denial of any new factual allegations of the return, and (b) any additional legal arguments. IT IS FURTHER ORDERED that if any pleading or other paper submitted to be filed and considered by the Court does not include a certificate of service upon the Respondent, or counsel for Respondent, it will be stricken from this case and disregarded by the Court. (bm)
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| Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Puneet V Kakkar counsel for Respondent United States of America. Adding Puneet V. Kakkar as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Attorney Puneet V Kakkar added to party United States of America(pty:res))(Kakkar, Puneet) |
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Filing 6
EX PARTE APPLICATION TO FILE OVERSIZED BRIEF; ORDER by Judge Virginia A. Phillips granting #3 EX PARTE APPLICATION: GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED that defendant may filed an oversized reply brief in support of his Motion to Vacate, Set Aside, or Correct Sentence Pursuant to Tittle 28 U.S.C. Section 2255 (bm)
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| Filing 4 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips for motion filed under 28 U.S.C. 2255. (esa) |
| Filing 3 EX PARTE APPLICATION to Exceed Page Limitation Memorandum in Support of 28 U.S.C. 2255 Motion filed by Defendant-Petitioner Hector Garcia. (Attachments: #1 Proposed Order) (Ale, Carel) |
| Filing 2 CIVIL COVER SHEET filed by Petitioner Hector Garcia. (Ale, Carel) |
| Filing 1 MOTION to Vacate, Set Aside, or Correct Sentence, Pursuant to 28 USC 2255 in Criminal Case No. 14-CR-136-VAP, filed by Defendant-Petitioner Hector Garcia. (Attachments: #1 Memorandum in Support of 28 U.S.C. 2255 Motion, #2 Declaration of Defendant-Petitioner Hector Garcia, #3 Declaration of Sandy Perez, #4 Declaration of Carel Ale, #5 Exhibit A to Ale Declaration, #6 Exhibit B to Ale Declaration, #7 Exhibit C to Ale Declaration, #8 Exhibit D to Ale Declaration, #9 Exhibit F to Ale Declaration, #10 Exhibit G to Ale Declaration, #11 Exhibit H to Ale Declaration, #12 Exhibit I to Ale Declaration, #13 Exhibit J to Ale Declaration, #14 Exhibit K to Ale Declaration, #15 Exhibit L to Ale Declaration, #16 Exhibit M to Ale Declaration, #17 Exhibit N to Ale Declaration, #18 Exhibit O to Ale Declaration, #19 Exhibit P to Ale Declaration, #20 Exhibit Q to Ale Declaration, #21 Proposed Order) (Attorney Carel Ale added to party Hector Garcia(pty:pet))(Ale, Carel) |
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