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Willie D. Johnson v. Vincent Cullen

February 1, 2011

WILLIE D. JOHNSON,
PETITIONER,
v.
VINCENT CULLEN, ACTING WARDEN, RESPONDENT.



The opinion of the court was delivered by: Susan Illston United States District Judge

DEATH-PENALTY CASE [PROPOSED] ORDER RE DISCOVERY

Good cause appearing therefor, By March 7, 2011, Petitioner shall provide Respondent with a report from each expert Petitioner intends to call as a witness at the evidentiary hearing in this matter. All expert reports 21 shall comply with Fed. R. Civ. P. 26(a)(2)(B). By the same date, Petitioner shall provide to 22 Respondent all material, including raw test data, notes, and tape or audio recordings of interviews 23 or tests, that such proposed experts have reviewed or relied upon in reaching their respective 24 opinions and preparing their reports. If any such material has already been exchanged (e.g., trial 25 counsel's files or the transcript of trial), Petitioner may identify such material in writing to 26

Respondent in lieu of providing redundant material. As to Petitioner's proposed expert Michael 27

Burt only, the report and underlying materials described above shall be provided to Respondent 28 by March 15, 2011. To the extent any of the above materials in the possession of Petitioner's mental health experts are not, according to professional guidelines, to be disclosed to someone 2 who is not a licensed mental health professional, all such materials are to be provided, by March 3

Neuroscience Consultants, Inc., 2906 Lafayette, Newport Beach, California 92663. 5

6 evidentiary objections to each declaration of Petitioner's non-expert "social history" witnesses, not 7 to include trial counsel or Petitioner's jurors. The parties shall meet and confer concerning 8

7, 2011, directly to Respondent's mental health expert Daniel A. Martel, Ph.D. at Forensic 4

By March 7, 2011, Respondent shall provide to Petitioner in writing a detailed list of Respondent's objections and attempt to reach a joint stipulation concerning whether and to what 9 extent each declaration will be admissible in lieu of live testimony and/or cross-examination.

Any such stipulation shall be reached by March 14, 2011, after which time Respondent may 11 request this Court's permission to file motion in limine concerning the admissibility of those 12 declarations over which the parties are unable to reach a joint stipulation.

By April 29, 2011, Petitioner shall identify in writing to Respondent all non-expert witness

Petitioner intends to produce live at the evidentiary hearing.

expert witnesses. If one or both parties are unable to meet this deadline, the parties shall attempt 17 to reach a joint stipulation modifying the date. If the parties are unable to reach such an 18 agreement, the party seeking to modify the deadline shall seek relief with this Court by written 19 motion. witnesses, including trial counsel and Petitioner Willie D. Johnson. If one or both parties are 22 unable to meet this deadline, the parties shall attempt to reach a joint stipulation modifying the 23 date. If the parties are unable to reach such an agreement, the party seeking to modify the 24 deadline shall seek relief with this Court by written motion. 25

By April 29, 2011, Respondent shall complete its depositions of ...


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