Breaux v. Ornoski, et al
| David Anthony Breaux |
| S. W. Ornoski and Eddie Ylst |
| 2:1993cv00570 |
| April 6, 1993 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Marin |
| Dale A. Drozd |
| John A. Mendez |
| Death Penalty |
| 28 U.S.C. ยง 2254 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
358
ORDER signed by Magistrate Judge Sean C. Riordan on 12/10/2024 ORDERING that by 4/1/2025, the parties shall file a joint report updating the Court on the status of the testimonial depositions of Thomas Wirtz and Richard Fathy and suggesting further dates, or deadlines, for completion of any remaining litigation. (Spichka, K.)
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Filing
356
ORDER signed by Magistrate Judge Sean C. Riordan on 8/26/2024 GRANTING the parties' 355 request to complete the testimonies of Thomas Wirtz and Richard Fathy by videotaped deposition. The parties shall file a joint report by 12/2/2024 updating the court on the deposition of Dr. Gugelmann and suggesting further dates, or deadlines, for completion of the remaining depositions. (Yin, K)
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Filing
353
ORDER signed by Magistrate Judge Deborah Barnes on 07/18/2024 GRANTING 352 Motion for Extension of Time. The parties shall file a joint report by 08/12/2024. (Lopez, K)
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Filing
350
ORDER signed by Magistrate Judge Deborah Barnes on 02/01/2024 SETTING the following deadlines: Respondent's Dr. Gugelmann's Rule 26 Report due by 2/8/2024; Dr. Gugelmann's testimonial deposition completed by 7/5/2024; and further joint statement due by 7/12/2024. (Spichka, K.)
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Filing
348
ORDER signed by Magistrate Judge Deborah Barnes on 12/4/2023 ORDERING, on or before 2/1/2024, Dr. Gugelmann shall file a Rule 26 report and the parties shall file a joint statement regarding the status of the case, and a proposed schedule. Dr. Guglemann's evidentiary hearing testimony may be taken by videotaped deposition. (Yin, K)
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Filing
346
ORDER signed by Magistrate Judge Deborah Barnes on 08/07/2023 GRANTING the 345 Request for Extension of Time. Joint Statement proposing final discovery deadlines due by 12/1/2023. (Spichka, K.)
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Filing
344
ORDER signed by Magistrate Judge Deborah Barnes on 05/08/2023 GRANTING the 343 Request for Extension of Time to file a joint statement proposing final discovery deadlines. Joint Statement due by 8/1/2023. (Spichka, K.)
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Filing
338
ORDER signed by Magistrate Judge Deborah Barnes on 7/19/2022 ORDERING the parties shall complete the deposition of Dr. Gretchen White on 11/30/2022 to preserve her testimony; the parties shall complete a discovery deposition of Dr. Jonathan Lipman by 12/31/2022; and the parties shall file a joint statement by 1/6/2023 to propose final discovery deadlines prior to setting an evidentiary hearing. (Yin, K)
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Filing
336
ORDER signed by Magistrate Judge Deborah Barnes on 4/19/22 GRANTING 334 Request to Continue. By 07/15/22, the parties shall file a joint statement proposing a deadline for all remaining discovery and for all other pre-evidentiary hearing matters(Licea Chavez, V)
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Filing
333
ORDER signed by Magistrate Judge Deborah Barnes on 11/9/2021 ORDERING respondent's counsel to file a Motion to Depose Mr. Breaux no later than 4/15/2022; Petitioner's counsel shall contact, no later than 4/15/2022, Dr. Gretchen White to d etermine the feasibility of scheduling a deposition given her schedule as well as pandemic concerns; and Petitioner's and Respondent's respective counsels will file an updated Joint Schedule with the Court no later than 4/15/2022. (Yin, K)
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Filing
331
ORDER signed by Magistrate Judge Deborah Barnes on 6/14/2021 GRANTING 330 Request and ORDERING the parties to file an updated Joint Proposed Schedule for completion of discovery and pre-evidentiary hearing matters by 11/5/2021. (Henshaw, R)
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Filing
327
ORDER signed by Magistrate Judge Deborah Barnes on 3/3/2020 ORDERING the parties shall complete all discovery by 11/27/2020. On or before 12/4/2020, the parties shall file a joint proposed schedule for the remaining pre-evidentiary hearing matters. (Yin, K)
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Filing
325
ORDER signed by Magistrate Judge Deborah Barnes on 10/02/19 VACATING the 12/09/19 evidentiary hearing. The pre-evidentiary hearing dates set out in the courts May 1, 2019 order are vacated. By February 25, 2020, the parties shall file a joint propos ed schedule for the following: (a) filing and exchanging final witness lists and exhibit lists; (b) meeting and conferring regarding any possible stipulations to exhibits and foundations to exhibits; (c) filing any stipulations regarding exhibits and foundations to exhibits; and (d) filing any pre-hearing motions. Thereafter, the court will set a new date for the evidentiary hearing.(Plummer, M)
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Filing
322
ORDER signed by Magistrate Judge Deborah Barnes on 8/2/2019 ORDERING any motions re evidentiary hearing to be filed by 10/24/2019, oppositions to be filed by 11/5/2019, and any reply briefs to be filed by 11/11/2019. (Henshaw, R)
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Filing
313
ORDER signed by Magistrate Judge Deborah Barnes on 1/9/2019 REMOVING the evidentiary hearing set to commence 4/1/2019 from the court's calendar; ORDERING Petitioner's counsel to contact CRD and opposing counsel to determine new dates for t he evidentiary hearing, within 20 days of the date of this order; ORDERING after the evidentiary hearing is set, Petitioner's counsel to confer with Respondent's counsel to propose a schedule for the remaining pre-evidentiary hearing matters; and ORDERING the parties to file a joint proposed schedule for these remaining pre-evidentiary hearing matters by 2/28/2019. (Henshaw, R)
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Filing
312
ORDER signed by Magistrate Judge Deborah Barnes on 08/29/18 ORDERING the Court certifies that the testimony of Mark Stahley is relevant and material to the instant action in order to perpetuate witness testimony. Pursuant to 18 U.S.C. § 3006A and 28 U.S.C. § 1825, the United States Marshal authorized to pay fees of witnesses who testify on behalf of clients represented by the Federal Public Defender. The United States Marshal is directed to pay Mr. Stahleys fees and expenses for attendance at his June 26, 2018 deposition in Sacramento. Such expenses shall include meal costs. (copy of this order served on the U.S. Marshal.) (Plummer, M)
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Filing
308
ORDER signed by Magistrate Judge Deborah Barnes on 07/24/18 ORDERING the court grants the parties leave to conduct the videotaped, stenographic deposition of Melvin Lyle Gonzales, CDCR# D-83154, on September 7, 2018, at 1:00 p.m. at Valley State Prison, 21633 Avenue 24, Chowchilla, California, 93610. (Plummer, M)
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Filing
300
ORDER signed by Magistrate Judge Edmund F. Brennan on 06/28/16 ordering by 6/29/17, the parties shall complete all depositions of lay and expert witnesses. All pre-hearing motions shall be briefed and noticed for hearing to be held no later than 10/20/17. The evidentiary hearing shall commence on 11/06/17. (Plummer, M)
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Filing
297
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/19/2016 GRANTING the parties leave to conduct discovery as set forth in the parties' 296 stipulation. Accordingly, the court authorizes the issuance of subpoenas to compel the appearance of witnesses for depositions. The United States Marshall's service is hereby authorizes to serve Mr. Abelardo Alvarado with notice of his deposition.(Yin, K)
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Filing
295
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/16/2016 ORDERING the parties shall complete all depositions of lay and expert witnesses by 3/31/2017. All pre-hearing motions shall be briefed and noticed for hearing to be held no later than 7/22/2017. The evidentiary hearing shall commence on 8/7/2017.(Yin, K)
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Filing
290
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/4/16 ORDERING that The parties have until March 7, 2016, in which to complete all independent investigation in this case. The parties shall submit no later than March 7, 2016, a joint propose d schedule and status report that shall include: (1) a proposed schedule for any depositions; (2) a proposed deadline for the filing of any pre-evidentiary hearing motions that either party deems appropriate; and (3) proposed dates for the evidentiary hearing.(Dillon, M)
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Filing
286
ORDER signed by Magistrate Judge Dale A. Drozd on 9/21/15 ORDERING that the motion for extensions of time (Doc. No. 285 ) is GRANTED. The current scheduling order (Doc. No. 282 ) is amended as follows: The parties have until December 15, 2015, in w hich to complete all independent investigation in this case. The parties shall submit no later than December 15, 2015, a joint proposed schedule and status report that shall include: (1) a proposed schedule for any depositions; (2) a proposed deadline for the filing of any pre-evidentiary hearing motions that either party deems appropriate; and (3) proposed dates for the evidentiary hearing.(Dillon, M)
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Filing
282
ORDER signed by Magistrate Judge Dale A. Drozd on 6/19/15 ORDERING that The parties have until August 10, 2015, in which to complete all independent investigation in this case and shall by that same date submit statement(s) to the court identifying (1) which claims will require live testimony in an evidentiary hearing; (2) which claims will be submitted solely on an expanded record or through deposition or affidavit; (3) which claims will require no consideration of evidence at all; and (4) proposed witnesses for the evidentiary hearing. The parties may submit said statement(s) jointly or separately. The parties shall submit no later than September 21, 2015, a joint proposed schedule and status report that shall include (1) a proposed schedule for any depositions; (2) a proposed deadline for the filing of any pre- evidentiary hearing motions that either party deems appropriate; and (3) proposed dates for the evidentiary hearing.(Dillon, M)
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Filing
280
ORDER signed by Magistrate Judge Dale A. Drozd on 3/21/15 ORDERING that the motion for extensions of time 279 is granted. The current scheduling order 276 is amended as follows: The parties will have until June 15, 2015, in which to complete all independent investigation in this case and shall by that same date submit statement(s) to the court identifying (1) which claims will require live testimony in an evidentiary hearing; (2) which claims will be submitted solely on an expanded re cord or through deposition or affidavit; (3) which claims will require no consideration of evidence at all; and (4) proposed witnesses for the evidentiary hearing. The parties may submit said statement(s) jointly or separately. The parties shall submit no later than August 4, 2015, a joint proposed schedule and status report that shall include (1) a proposed schedule for any depositions; (2) a proposed deadline for the filing of any pre-evidentiary hearing motions that either party deems appropriate; and (3) proposed dates for the evidentiary hearing.(Dillon, M)
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Filing
278
PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 3/5/15 (see order for details).(Dillon, M)
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Filing
271
ORDER signed by Magistrate Judge Dale A. Drozd on 06/23/14 ordering that the scheduling order 257 is amended as follows: the parties shall submit statements listing proposed witnesses for the evidentiary hearing no later than 10/15/14. (Plummer, M)
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Filing
270
ORDER signed by Magistrate Judge Dale A. Drozd on 06/17/14 ordering the parties have until 10/15/14, in which to complete all independent investigation in this case and shall by that same date submit statement(s) to the court identifying 1) which cl aims will require live testimony in an evidentiary hearing; 2) which claims will be submitted solely on the an expanded record or through deposition or affidavit; and 3) which claims will require no consideration of evidence at all. The parties may submit said statement(s) jointly or seperately. The parties shall submit no later than 11/17/14, a joint proposed schedule and status report that shall include 1) a proposed schedule for any depositions; 2) a proposed deadline for the filing of any pre-evidentiary hearing motions that either party deems appropriate; and 3) proposed dates for the evidentiary hearing. (Plummer, M)
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Filing
263
ORDER signed by Magistrate Judge Dale A. Drozd on 3/18/2014 ORDERING that the parties' request for additional time in which to identify the claims that will require live testimony at the evidentiary hearing and those that will be submitted solely on an expanded record without live testimony is granted; the parties shall include this division of claims in the next joint statement required under the current scheduling order, due June 16, 2014.(Yin, K)
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Filing
257
ORDER signed by Magistrate Judge Dale A. Drozd on 2/6/2014 ORDERING that no later than 3/15/2014, the parties shall file a joint statement regarding the scope of the evidentiary hearing with respect to each remaining claim; all independant investiga tion on this case shall be completed by 6/16/2014; each party shall submit a statement listing proposed witnesses for the evidentiary hearing no later than 6/16/2014; no later than 7/16/2014, the parties shall submit a joint proposed schedule and sta tus report that includes (1) a proposed schedule for any depositions, (2) a proposed deadline for the filing of any pre-evidentiary hearing motions that either party deems appropriate, and (3) proposed dates for the in-court evidentiary hearing.(Yin, K)
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Filing
254
ORDER signed by Magistrate Judge Dale A. Drozd on 1/22/2014 ORDERING that petitioner's 229 proposal with respect to Claim S-13 is GRANTED; petitioner may submit testamentary and documentary evidence already adduced in the cases of Frye v. Calderon, No. 2:99-cv-628 LKK CKD (E.D. Cal.), and Ashmus v. Ayers, No. 93-CV-00594-THE (N.D. Cal.), in expansion of the record and in support of Claim S-13 as alleged in the amended petition; and petitioner may withhold submission of that evidence until a date to be determined at the status conference set before Magistrate Judge Dale A. Drozd on February 5, 2014. (Yin, K)
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Filing
249
ORDER signed by Magistrate Judge Dale A. Drozd on 08/16/13 ordering pursuant to the stipulation of the parties, the following schedule is set for the briefing addressing the question of whether new evidence may be permitted as to Claim S, Paragraph 13, i.e., the so-called "narrowing claim." Respondent's opening brief is due 09/18/13. Petitioner' brief in response is due 11/17/13. Respondent's reply, if any, is due 12/17/13. (Plummer, M)
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Filing
241
ORDER signed by Magistrate Judge Dale A. Drozd on 6/20/13 ORDERING that in keeping with the order of July 10, 2012, and the previous orders referenced therein, the parties shall file statements on or before July 8, 2013, regarding the scope of the evidentiary hearing necessary to resolve the outstanding claims in this action. The court will set a status conference after it receives and considers the parties statements.(Dillon, M)
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Filing
240
ORDER signed by Judge John A. Mendez on 6/12/2013 FINDINGS AND RECOMMENDATIONS 226 are ADOPTED in FULL insofar as they accord with this order. The presumption of correctness set forth in 28:2254(d) applies to the California Supreme Court's det ermination that petitioner's Miranda waiver was intelligent and knowing. Respondent's motion for summary judgment as to Claim "I" of the petition is GRANTED, and that claim is DENIED. (Reader, L) Modified on 6/13/2013 (Reader, L).
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Filing
226
ORDER signed by Magistrate Judge Dale A. Drozd on 7/9/12 ORDERING that the court is aware that discovery has been completed in other federal habeas cases with respect to claims that Californias capital sentencing scheme fails to adequately narrow the class of persons eligible for the death penalty (the narrowing claims). Therefore, within 21 days of the date of this order, petitioner shall inform the court how he wishes to proceed with respect to his claim S-13 in this action. Within 21 days of the district courts final order on these findings and recommendations, the parties shall file statements regarding the scope of the evidentiary hearing discussed by the parties at the November 7, 2005 status conference and set out in the undersigneds January 6, 2004 findings and recommendations. (Dkt. Nos. 166 , 200 .) After those statements are filed, the court will schedule a status conference in this action.(Dillon, M)
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Filing
222
ORDER signed by Magistrate Judge Dale A. Drozd on 4/15/11 ORDERING that within twenty days of the filed date of this order, petitioner shall file a brief on the impact of Cullen v. Pinholster, No. 09-1088, 2011 WL 1225705 on these proceedings. Within twenty days after petitioner files his brief, respondent shall file a responsive brief. Within ten days thereafter, petitioner may file a reply.(Dillon, M)
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