UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 9, 2012
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 REGARDING UNDISPUTED FACTS
WHEREAS, on January 4, 2011, the parties filed a Joint Pretrial Statement containing a statement of undisputed facts agreed to by the parties;
WHEREAS, on January 6, 2011, the parties attended a pretrial conference with the Honorable Magistrate Judge Seng in chambers, at which Judge Seng expressed a desire to ensure that the record contain sufficient evidence of each undisputed fact to satisfy a reviewing court;
WHEREAS, the parties seek to satisfy the Court's concern while minimizing the length of the hearing and number of witnesses, avoiding unnecessary or duplicative evidence, and limiting the scope of the hearing to matters genuinely in dispute;
NOW THEREFORE, the parties stipulate that:
The record in this case, including the expert reports filed with the Court and the deposition transcripts designated by the parties, contains sufficient evidence to support the sixteen undisputed facts listed in the "Undisputed Facts" section of the Joint Pretrial Statement submitted on Jan. 4, 2012, Docket Number 108. These facts should therefore be accepted as true, and the parties need not present additional evidence or testimony in support of them at the evidentiary hearing scheduled to begin on January 24, 2012.
Reserving to itself the ultimate issues of admissibility and weight to be given to the evidence, the Court approves the Stipulation.
IT IS SO ORDERED.
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