UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 2, 2011
GEORGE A. SOULIOTES, PETITIONER,
ANTHONY HEDGPETH, WARDEN, SALINAS VALLEY STATE PRISON, ET AL.,
The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
JIMMY S. MCBIRNEY (STATE BAR NO. 259830) MEGAN CRANE (STATE BAR NO. 269321) SHANNON LEONG (STATE BAR NO. 268612) ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: (415) 773-5700 Facsimile: (415) 773-5759 THOMAS S. MCCONVILLE (STATE BAR NO. 155905) ORRICK, HERRINGTON & SUTCLIFFE LLP 2050 Main St., Suite #1100 Irvine, CA 92614 Telephone: (949) 567-6700 Facsimile: (949) 567-6710 LINDA STARR (STATE BAR NO. 118789) CHARLES PRESS (STATE BAR NO. 164190) MAITREYA BADAMI (STATE BAR NO. 173241) NORTHERN CALIFORNIA INNOCENCE PROJECT at SANTA CLARA UNIVERSITY SCHOOL OF LAW 900 Lafayette Street, Suite 105 Santa Clara, CA 95050 Telephone: (408) 554-1945 Facsimile: (408) 554-5440 Attorneys for Petitioner GEORGE A. SOULIOTES
STIPULATION AND ORDER EXTENDING DATE FOR EXPERT REPORT DISCLOSURES
WHEREAS, Respondent has informed Petitioner that Respondent's expert's report is not yet complete, and Respondent is presently unable to determine the anticipated completion date;
WHEREAS, Petitioner believes he would be prejudiced by disclosing his expert reports prior to completion of Respondent's expert's report;
WHEREAS, the parties seek to work cooperatively and to ensure that all witnesses and evidence have a fair opportunity to be heard while also adhering to the Court's scheduling order and the Ninth Circuit's requirement for "expedited proceedings";
NOW THEREFORE, the parties stipulate that:
(1) The parties shall file amended Expert Witness Disclosures in full compliance with Fed. R. Civ. Proc. 26(a)(2)(B), including written expert reports for each disclosed expert, on or before Tuesday, December 6, 2011.
(2) The parties expressly reserve their respective rights to seek all remedies, including exclusion of expert witnesses, for all experts not properly disclosed on or before Tuesday, December 6, 2011, as set forth in this stipulation.
IT IS SO ORDERED.
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