United States District Court, D. Nevada
MARK A. HANSON, Petitioner,
CRAIG FARWELL, et al., Respondents.
MIRANDA M. DU UNITED STATES DISTRICT JUDGE
habeas corpus action, on June 6, 2017, the Court granted
petitioner Mark A. Hanson's motion for an evidentiary
hearing. (See Order entered June 6, 2017 (ECF No.
127).) On June 26, 2017, pursuant to the Court's order,
the parties filed a Joint Proposed Scheduling Order. (ECF No.
June 26, 2017, Hanson timely filed a fourth amended habeas
petition. (ECF No. 129.) Respondents are to file an answer no
later than July 26, 2017, and then Hanson will have twenty
(20) days to file a reply. (See Order entered June
6, 2017 (ECF No. 127) (thirty days for answer, and twenty
days for reply).)
30, 2017, the Court entered an order setting a schedule for
the evidentiary hearing. (ECF No. 130.) In that order the
Court set the evidentiary hearing for December 13 and 14,
2017, and set a schedule for events leading up to the
evidentiary hearing. (See Order entered June 30,
2017 (ECF No. 130).)
12, 2017, Hanson filed an unopposed motion for
reconsideration of the June 30, 2017, order. (ECF No. 131.)
Court “possesses the inherent procedural power to
reconsider, rescind, or modify an interlocutory order for
cause seen by it to be sufficient, ” so long as the
court has jurisdiction. City of L.A., Harbor Div. v.
Santa Monica Baykeeper, 254 F.3d 882, 885 (9th Cir.
2001) (emphasis and quotation omitted).
requests reconsideration of the dates on which the
evidentiary hearing is set, as well as the amount of time
reserved for the evidentiary hearing. Hanson states that an
expert witness, Dr. Janice Ophoven, is not available to
testify in December, and that Dr. Ophoven's testimony is
critical and essential, as Dr. Ophoven participated in his
state-court litigation and presented a declaration in that
case. Hanson informs the Court that the earliest dates on
which Dr. Ophoven is available to testify are January 16
through 18, 2018. In light of Hanson's unopposed
representations in this regard, the Court will reschedule the
evidentiary hearing for January 16 through 18, 2018.
also states that his counsel and counsel for the respondents
agree that at least three days should be scheduled for this
evidentiary hearing. The Court will make that change as well;
three days - January 16, 17, and 18, 2018 - will be scheduled
for the evidentiary hearing.
of these changes, the Court will also modify the schedule
leading up to the evidentiary hearing. The schedule for the
evidentiary hearing will be as follows:
evidentiary hearing will commence on January 16, 2018, at
9:00 a.m., in the courtroom of the undersigned United States
District Judge, in Reno, Nevada. The Court has scheduled
three days - January 16, 17, and 18, 2018 - for the
First Disclosure of Experts
parties will disclose to each other the names of their expert
witnesses by September 15, 2017. These disclosures may be