IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
February 1, 2011
WILLIE D. JOHNSON,
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 Petitioner's proposed
By May 31, 2011, Respondent shall complete its depositions of Petitioner's non-expert
IT IS SO ORDERED.
CERTIFICATE OF SERVICE
Case Name: Johnson v. Cullen, Acting No. C 98-4043 SI Warden of California State Prison at San Quentin
I hereby certify that on January 28, 2011, I electronically filed the following documents with the Clerk of the Court by using the CM/ECF system: JOINT UPDATED STATUS REPORT RE STATUS OF DISCOVERY AND PREPARATIONS FOR EVIDENTIARY HEARING Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. I further certify that some of the participants in the case are not registered CM/ECF users. On January 28, 2011, I have mailed the foregoing document(s) by First-Class Mail, postage prepaid, or have dispatched it to a third party commercial carrier for delivery within three (3) calendar days to the following non-CM/ECF participants: California Appellate Project Michael G. Millman Federal Court Docketing Executive Director 101 Second Street California Appellate Project (SF)
Suite 600 101 Second Street, Suite 600 San Francisco, CA 94105 San Francisco, CA 94105 I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on January 28, 2011, at San Francisco, California.
M. Argarin Declarant Signature
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