IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 18, 2011
ROBERT L. AYERS, WARDEN,
DEATH PENALTY CASE
ORDER RE: DEFERRED BRIEFING AND SUBMISSION OF PETITIONER'S MOTION TO ADMIT THE DECLARATION OF CHARLES EDWARDS INTO EVIDENCE
Pursuant to the stipulation of the parties, and good cause appearing, the joint request for deferred briefing and submission of petitioner's pending motion (Document 401) is GRANTED. It is hereby ORDERED AS FOLLOWS:
1. Petitioner will make arrangements for a deposition of Charles Edwards as soon as is practicable, and will notice the deposition pursuant to Fed. R. Civ. P. 30(b)(1). The notice of deposition will be filed with the Court.
2. Within two court days of the noticed deposition date, Petitioner will notify the Court whether or not the deposition has taken place.
3. If the deposition has taken place, Petitioner will at that time withdraw his Motion to Admit The Declaration as moot.
4. If the deposition has not taken place, Petitioner shall, within two court days of so notifying the Court, file a reply to the Response in Opposition. The motion will then be submitted for expedited decision pursuant to the previous orders of the Court.
IT IS SO ORDERED.
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