Riel v. Woodford
Petitioner: Charles D Riel
Respondent: Jeanne S. Woodford
Case Number: 2:2001cv00507
Filed: February 11, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Lawrence K. Karlton
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution
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Date Filed Document Text
October 12, 2023 Opinion or Order Filing 633 ORDER signed by Magistrate Judge Deborah Barnes on 10/11/2023 DENYING Petitioner's request for a court order directing the parties to participate in mediation without prejudice and DIRECTING the parties to file a joint statement by 2/2/2024 set ting forth whether the depositions of Dr. Miora, Dr. Stewart, Mr. Riel's trial attorney Russell Swartz, Juanita Martin, and Donna Schwan have been conducted or are scheduled and setting a plan for final discovery deadlines in advance of the evidentiary hearing. (Spichka, K.)
July 14, 2023 Opinion or Order Filing 630 ORDER signed by Magistrate Judge Deborah Barnes on 7/13/2023 GRANTING 629 Request to Seal. Counsel's Response to 624 Order shall be filed ex parte andmaintained under seal. (Huang, H)
June 12, 2023 Opinion or Order Filing 626 ORDER signed by Magistrate Judge Deborah Barnes on 6/11/2023 CERTIFYING that the testimony of Lori Prestley, Jeffrey R. Richards, Lael E. Richards, Joseph Ross, and Shannon Rivera-Sartore is relevant and material to the instant action in order to p erpetuate witness testimony. The USM is AUTHORIZED to pay fees of witnesses who testify on behalf of clients represented by the Federal Public Defender. The USM is DIRECTED to pay: Lori Prestley $87.16, Jeffrey R. Richards $40.00, Lael E. Richards $40.00, Joseph Ross $45.50, and Shannon Rivera-Sartore $70.13. (cc: Hand-delivered, certified to USM) (Huang, H)
March 13, 2023 Opinion or Order Filing 620 ORDER signed by Magistrate Judge Deborah Barnes on 3/10/2023 ORDERING the Clerk to serve a copy of this order on the Litigation Coordinator at San Quentin State Prison as well as directly on plaintiff at San Quentin State Prison. This order resolves 618 , 619 requests.(Yin, K)
March 8, 2023 Opinion or Order Filing 617 ORDER signed by Magistrate Judge Deborah Barnes on 3/7/2023 ORDERING the Clerk to serve a copy this order on the Litigation Coordinator at San Quentin State Prison.(Yin, K)
December 12, 2022 Opinion or Order Filing 612 STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/12/2022 ADOPTING the parties' stipulation to continue the deposition of petitioner to a mutually agreeable date in 2023. The parties will advise the court of potential dates for the deposition of petitioner in their 1/6/2023, joint statement. (Yin, K)
July 12, 2022 Opinion or Order Filing 608 ORDER signed by Magistrate Judge Deborah Barnes on 7/11/2022 ORDERING the parties shall complete the deposition of petitioner on or before 12/31/2022. The parties are advised to contact the courtroom deputy to ensure the undersigned is available t o rule on objections during the deposition. The parties shall complete out of state witness testimony no later than 12/31/2022. The parties shall file a joint statement by 1/6/2023. Such statement shall set forth a plan for final discovery deadlines necessary in re-setting the evidentiary hearing, including outstanding discovery deposition as well as new and updated Rule 26 expert disclosures. (Yin, K)
May 5, 2022 Opinion or Order Filing 606 ORDER signed by Magistrate Judge Deborah Barnes on 05/04/22 ORDERING that within 60 days of the date of this order, the parties shall file a joint statement regarding the issues identified above.(Plummer, M)
March 22, 2022 Opinion or Order Filing 605 ORDER signed by Senior Judge Morrison C. England, Jr. on 3/22/2022 DENYING 602 Motion for Reconsideration. (Reader, L)
July 8, 2020 Opinion or Order Filing 600 ORDER signed by Magistrate Judge Deborah Barnes on 7/07/20 DENYING 590 Motion to Vacate the order granting respondent's motion to depose petitioner. Within 60 days of the date of this order the parties may submit briefing on the issuance of p rotective orders or any other objections anticipated during his deposition and any proposals for the conduct of the deposition. Within 60 days of the date of this order, the parties shall file a joint statement regarding the three issues identified above. (Plummer, M)
March 26, 2020 Opinion or Order Filing 597 ORDER signed by Magistrate Judge Deborah Barnes on 3/25/2020 VACATING the 4/24/2020 deadline for completing lay witness testimonial depositions and ORDERING the parties to meet and confer prior to the status hearing presently scheduled for 5/8/2020 to find mutually agreeable dates to re-schedule the depositions. (Henshaw, R)
March 18, 2020 Opinion or Order Filing 595 ORDER signed by Magistrate Judge Deborah Barnes on 03/17/20 as to 590 Motion to Vacate ( Motion Hearing postponed to 5/8/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes.) (Plummer, M)
March 10, 2020 Opinion or Order Filing 592 ORDER signed by Magistrate Judge Deborah Barnes on 03/09/20 VACATING the pre-evidentiary hearing scheduled for 3/20/20 at 1:30 p.m. ( Status Conference continued to 5/8/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes.) (Plummer, M)
February 5, 2020 Opinion or Order Filing 589 ORDER signed by Magistrate Judge Deborah Barnes on 02/05/20 DENYING 588 Petitioner's request. (Plummer, M)
November 13, 2019 Opinion or Order Filing 586 ORDER signed by Magistrate Judge Deborah Barnes on 11/12/19 VACATING the Evidentiary hearing set for 3/30/20. By January 10, 2020, the parties shall meet and confer regarding: a. Remaining witness testimony to be taken prior to April 24, 2020, and b. To determine if any discovery depositions of expert witnesses who will testify in person at the hearing, other than mental health experts, could also be scheduled and completed by April 24, 2020. ( Status Conference set for 5/1/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes.) (Plummer, M)
February 4, 2019 Opinion or Order Filing 581 ORDER signed by Magistrate Judge Deborah Barnes on 2/01/19 ORDERING By September 30, 2019, the parties shall file any motions to conduct discovery. By November 30, 2019, the parties shall exchange final witness lists. Prior to December 30, 2019, the parties shall meet and confer regarding the method of taking each witnesss testimony. By December 30, 2019, the parties shall complete any outstanding discovery and depositions in lieu of in-court testimony, and shall file final witness lists for th e evidentiary hearing. By January 30, 2020, the parties shall file their exhibit lists. By February 28, 2020, the parties shall meet and confer regarding possible stipulations to exhibits and foundations to exhibits, and file any motions regarding th e evidentiary hearing. Any oppositions to motions regarding the evidentiary hearing shall be filed no later than March 6, 2020. Any replies shall be due by March 13, 2020. Pre-hearing motions shall be heard on March 20, 2020 at 1:30 p.m. in courtroom #27. By March 27, 2020, each party shall submit three tabbed courtesy copies of that partys evidentiary hearing exhibits, contained in three ring-binders, to Pete Buzo, Courtroom Deputy. On March 30, 2020, at 9:00 a.m. in courtroom #27, the evidenti ary hearing shall commence. The parties agree the hearing should last approximately five days. Within twenty days of the filed date of this order, Mr. Bacon shall propose a budget for his anticipated time and expenses from the January 25, 2019 status conference through the evidentiary hearing. This proposed budget will replace the current budget. No funds from the current budget will carry over. The proposed budget shall be filed under seal by e-mailing it to the courts Approved Sealed e-mail address, ApprovedSealed@caed.uscourts.gov. (Plummer, M)
September 19, 2018 Opinion or Order Filing 578 ORDER signed by District Judge Morrison C. England, Jr. on 9/18/2018 DENYING 373 Motion for Reconsideration. (Zignago, K.)
June 18, 2018 Opinion or Order Filing 572 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 inc lude 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)
April 10, 2018 Opinion or Order Filing 569 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)
March 19, 2018 Opinion or Order Filing 568 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 determi nations; 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)
December 28, 2015 Opinion or Order Filing 555 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)
October 30, 2015 Opinion or Order Filing 550 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 determinatio ns. 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 36 470 be 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)
June 12, 2014 Opinion or Order Filing 543 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)
November 17, 2011 Opinion or Order Filing 506 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. §2254(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)
October 20, 2011 Opinion or Order Filing 504 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)
October 13, 2011 Opinion or Order Filing 502 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 11, 2011 Opinion or Order Filing 501 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)
September 21, 2011 Opinion or Order Filing 496 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)
May 26, 2011 Opinion or Order Filing 491 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)
April 18, 2011 Opinion or Order Filing 485 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 14, 2011 Opinion or Order Filing 484 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)
March 23, 2011 Opinion or Order Filing 476 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)
March 16, 2011 Opinion or Order Filing 475 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)
January 3, 2011 Opinion or Order Filing 460 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)
December 8, 2010 Opinion or Order Filing 456 ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/07/10 DENYING request to prevent Ms. Sutton from testifying to the information atparagraphs 10, 11, and 12 of her May 5, 2010 Report (Docket No. 349). (Williams, D)
December 3, 2010 Opinion or Order Filing 454 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)
November 5, 2010 Opinion or Order Filing 443 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.)
September 30, 2010 Opinion or Order Filing 438 ORDER granting 365 Motion for Reconsideration signed by Senior Judge Lawrence K. Karlton on 9/30/10. (Kaminski, H)
August 16, 2010 Opinion or Order Filing 428 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.)
August 9, 2010 Opinion or Order Filing 423 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.)
July 23, 2010 Opinion or Order Filing 416 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)
July 22, 2010 Opinion or Order Filing 415 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)
June 30, 2010 Opinion or Order Filing 400 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)
June 23, 2010 Opinion or Order Filing 398 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 18, 2010 Opinion or Order Filing 391 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 par ties 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 evid ence 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 9, 2010 Opinion or Order Filing 381 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 4, 2010 Opinion or Order Filing 375 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 3, 2010 Opinion or Order Filing 372 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)
May 20, 2010 Opinion or Order Filing 359 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 Ke e (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 05/1 9/10, 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)
May 17, 2010 Opinion or Order Filing 355 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 4, 2010 Opinion or Order Filing 348 ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/4/10. (Mena-Sanchez, L)
April 20, 2010 Opinion or Order Filing 344 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)
April 13, 2010 Opinion or Order Filing 341 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 ma terials") 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 revea ling 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 5, 2010 Opinion or Order Filing 328 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)
March 29, 2010 Opinion or Order Filing 326 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)
March 10, 2010 Opinion or Order Filing 317 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)
February 18, 2010 Opinion or Order Filing 309 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)
February 17, 2010 Opinion or Order Filing 308 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 11, 2010 Opinion or Order Filing 307 ORDER DENYING 262 Motion for Reconsideration signed by Senior Judge Lawrence K. Karlton on 2/11/2010. (Matson, R)
January 22, 2010 Opinion or Order Filing 302 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 i s 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 dec larations, 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 Judg e 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. T he 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)
January 14, 2010 Opinion or Order Filing 298 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).
November 19, 2009 Opinion or Order Filing 281 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.)
October 20, 2009 Opinion or Order Filing 276 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 dete rmine 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)
October 2, 2009 Opinion or Order Filing 274 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)
August 25, 2009 Opinion or Order Filing 270 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 Morton by 08/31/09. (Benson, A.)
August 13, 2009 Opinion or Order Filing 263 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 7, 2009 Opinion or Order Filing 260 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)
July 22, 2009 Opinion or Order Filing 252 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 day s, 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 respons e 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. A fter 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� 39;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.)
July 9, 2009 Opinion or Order Filing 247 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 agre ed 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)
April 6, 2009 Opinion or Order Filing 215 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)
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Petitioner: Charles D Riel
Represented By: Robert D Bacon
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Respondent: Jeanne S. Woodford
Represented By: Paul Arvin Bernardino
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