COX v. WARDEN, SAN QUENTIN STATE PRISON, 2:04-CV-0065 MCE CKD. (2015)
Court: District Court, E.D. California
Number: infdco20150923834
Visitors: 1
Filed: Sep. 22, 2015
Latest Update: Sep. 22, 2015
Summary: ORDER CAROLYN K. DELANEY , Magistrate Judge . The court permitted petitioner to perpetuate the testimony of Dr. Albert Globus, five social history witnesses, and Juror Kurtzman. (ECF Nos. 157, 163.) Respondent seeks discovery prior to determining the method for taking the testimony of each of the lay witnesses and prior to deposing Dr. Globus. (ECF No. 165.) In addition, respondent informs the court that he is willing to stipulate to issuance of a protective order like the one approved in
Summary: ORDER CAROLYN K. DELANEY , Magistrate Judge . The court permitted petitioner to perpetuate the testimony of Dr. Albert Globus, five social history witnesses, and Juror Kurtzman. (ECF Nos. 157, 163.) Respondent seeks discovery prior to determining the method for taking the testimony of each of the lay witnesses and prior to deposing Dr. Globus. (ECF No. 165.) In addition, respondent informs the court that he is willing to stipulate to issuance of a protective order like the one approved in L..
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ORDER
CAROLYN K. DELANEY, Magistrate Judge.
The court permitted petitioner to perpetuate the testimony of Dr. Albert Globus, five social history witnesses, and Juror Kurtzman. (ECF Nos. 157, 163.) Respondent seeks discovery prior to determining the method for taking the testimony of each of the lay witnesses and prior to deposing Dr. Globus. (ECF No. 165.) In addition, respondent informs the court that he is willing to stipulate to issuance of a protective order like the one approved in Lenart v. Warden, 2:05-cv-1912 MCE CKD (ECF Nos. 139, 141). (Id.)
Accordingly, the court sets the following schedule for any discovery related to the taking of the testimony of the seven witnesses identified above.
1. Within thirty days of the filed date of this order, respondent shall file any motion for discovery related to the taking of the testimony of Dr. Albert Globus, Marjorie Comer, Joanne Wells, Shirley Garrett, Timothy Jayne, Sr., Fairman Jayne, and David Kurtzman. Respondent should not notice the motion for hearing. If the parties seek a hearing, they shall notify the court within ten days after the date scheduled for filing the reply.
2. Within thirty days of the filed date of respondent's motion, petitioner shall file an opposition. Respondent may file a reply within fourteen days thereafter.
3. If respondent does not move for discovery as set forth in paragraph 1, petitioner may proceed to schedule the testimony depositions.
4. Within twenty days of the filed date of this order, petitioner shall file a proposed protective order. If the proposed protective order varies from the protective order issued in Lenart, petitioner shall meet and confer with respondent before filing it to obtain respondent's position on the changes and shall notify the court regarding respondent's position.
IT IS SO ORDERED.
Source: Leagle
