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Hurth v. Campbell

March 4, 2009

PAUL THOMAS HURTH, PETITIONER,
v.
ROSANNE CAMPBELL, RESPONDENT.



The opinion of the court was delivered by: John M. Dixon United States Magistrate Judge

ORDER GRANTING PETITIONER'S MOTION FOR EXTENSION OF TIME

[Doc. 40]

ORDER REQUIRING EXCHANGE OF EXHIBITS AND WITNESS LIST

Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On February 19, 2009, Respondent filed a motion for discovery, requesting the Court to direct Petitioner to produce documents. (Court Doc. 39). Pursuant to the scheduling order issued by the Court on September 6, 2005, all opposition must be filed within eight days of the motion, plus an addition three days for mailing.

On March 2, 2009, Petitioner filed a motion to extend the time to file an opposition to the discovery motion. (Court Doc. 40). Petitioner seeks a thirty days extension, until April 1, 2009, to file an opposition as Petitioner's counsel will be out of the country until March 12, 2009.

The Court notes, however, that the discovery motion pertains to an evidentiary hearing scheduled for April 28, 2009. The Court finds that Petitioner's proposed deadline would greatly curtail the time both parties have to prepare for the evidentiary hearing.

Good cause having been presented to the court and GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that:

1. Petitioner is granted a twenty (20) day extension from the date of service of this order in which to file an opposition to Respondent's discovery motion.

2. Respondent's reply to Petitioner's opposition is due within eight (8) days, plus three (3) days for mailing, from the date on which Petitioner files the opposition.

3. The Parties shall prepare for the evidentiary hearing in accordance with the terms set forth in this order:

a. On or before April 17, 2009, each party shall provide to the Court and opposing party a list of witnesses, including addresses and telephone numbers. Each party may call any witnesses designated on the list.

b. Furthermore, the parties shall exchange a copy of their exhibits on or before April 17, 2009. Any objections to the exhibits may be raised at the hearing. Petitioner will use ...


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