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11-1016 - In Re: Ohio Execution Protocol Litigation


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11-1016 - In Re: Ohio Execution Protocol Litigation
January 11, 2012
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ORDER granting 7 Motion for TRO; granting 7 Motion for Preliminary Injunction; granting 7 Motion to Stay; denying 53 Motion to Strike. Signed by Judge Gregory L Frost on 1/11/12. (kn) See also 840 F. Supp.2d 1044, 2012 U.S. Dist. LEXIS 3518 (S.D. Ohio 2012) Modified on 12/1/2016 (mrm3).
January 26, 2012
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ORDER granting 66 Plaintiff Webb's Motion to Intervene; granting 67 Plaintiff Webb's Motion for TRO, Preliminary Injunction and to Stay. Signed by Judge Gregory L Frost on 1/26/12. (sem1)
April 4, 2012
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ORDER denying 84 Plaintiff Wiles' Motion for TRO and Motion for Preliminary Injunction. Signed by Judge Gregory L Frost on 4/4/12. (sem1) See Also 868 F. Supp.2d 625, 2012 U.S. Dist. LEXIS 47366 (S.D. Ohio 2012)Modified on 12/1/2016 (mrm3).
May 22, 2012
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ORDER denying Plaintiffs Awkal and Eley's 111 Motion to Stay, Motion for a TRO and Motion for a Preliminary Injunction. Signed by Judge Gregory L Frost on 5/22/12. (sem1) See also 2012 U.S. Dist. LEXIS 70942 (S.D. Ohio 2012) Modified on 12/1/2016 (mrm3).
November 5, 2012
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ORDER denying 130 Plaintiff Hartman's Motion for TRO and a Preliminary Injunction. Signed by Judge Gregory L Frost on 11/5/12. (sem1) Modified on 12/1/2016 See also 906 F. Supp. 2d 759, 2012 U.S. Dist. LEXIS 158199 (S.D. Ohio 2012) (mrm3).
August 12, 2013
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ORDER memorializing the 8/8/12 Telephone Status Conference: terminating 220 Motion to Dismiss for Failure to State a Claim; terminating 221 Motion to Dismiss for Failure to State a Claim; terminating 222 Motion to Dismiss for Failure to State a Claim; terminating 223 Motion to Dismiss for Failure to State a Claim; terminating 225 Motion to Dismiss for Failure to State a Claim; terminating 226 Motion to Dismiss for Failure to State a Claim; terminating 227 Motion to Dismiss for Failure to State a Claim; terminating 228 Motion to Dismiss for Failure to State a Claim; terminating 229 Motion to Dismiss for Failure to State a Claim; terminating 230 Motion to Dismiss for Failure to State a Claim; terminating 233 Motion for Judgment on the Pleadings; withdrawing 234 Motion for Judgment on the Pleadings; terminating 235 Motion for Judgment on the Pleadings; terminating 236 Motion for Judgment on the Pleadings; terminating 237 Motion for Judgment on the Pleadings; terminating 239 Motion for Judgment on the Pleadings; terminating 240 Motion for Judgment on the Pleadings; terminating 243 Motion for Judgment on the Pleadings; terminating 244 Motion for Judgment on the Pleadings; terminating 246 Motion for Judgment on the Pleadings; granting 315 Motion to Stay; terminating 194 Motion to Dismiss for Failure to State a Claim; terminating 195 Motion to Dismiss for Failure to State a Claim; terminating 196 Motion to Dismiss for Failure to State a Claim; terminating 197 Motion to Dismiss for Failure to State a Claim; terminating 198 Motion to Dismiss for Failure to State a Claim; terminating 199 Motion to Dismiss for Failure to State a Claim; terminating 200 Motion to Dismiss for Failure to State a Claim; terminating 201 Motion to Dismiss for Failure to State a Claim; terminating 202 Motion to Dismiss for Failure to State a Claim; terminating 203 Motion to Dismiss for Failure to State a Claim; terminating 204 Motion to Dismiss for Failure to State a Claim; terminating 205 Motion to Dismiss for Failure to State a Claim; terminating 206 Motion to Dismiss for Failure to State a Claim; terminating 207 Motion to Dismiss for Failure to State a Claim; terminating 208 Motion to Dismiss for Failure to State a Claim; terminating 209 Motion to Dismiss for Failure to State a Claim; terminating 210 Motion to Dismiss for Failure to State a Claim; terminating 211 Motion to Dismiss for Failure to State a Claim; terminating 212 Motion to Dismiss for Failure to State a Claim; terminating 213 Motion to Dismiss for Failure to State a Claim; terminating 214 Motion to Dismiss for Failure to State a Claim; terminating 215 Motion to Dismiss for Failure to State a Claim; terminating 216 Motion to Dismiss for Failure to State a Claim; terminating 217 Motion to Dismiss for Failure to State a Claim; terminating 218 Motion to Dismiss for Failure to State a Claim; terminating 219 Motion to Dismiss for Failure to State a Claim. Signed by Judge Gregory L Frost on 8/12/13. (sem1)
November 7, 2013
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ORDER denying 339 Plaintiff Phillips' Motion for a Stay of Execution. Signed by Judge Gregory L Frost on 11/7/13. (sem1) Modified on 12/1/2016. see also 2013 U.S. Dist. LEXIS 159680 (S.D. Ohio 2013) (mrm3).
January 13, 2014
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ORDER finding as moot 379 Motion to Stay; finding as moot 379 Motion for TRO; finding as moot 379 Motion for Preliminary Injunction; denying 383 Amended Motion to Stay; denying 383 Amended Motion for TRO; denying 383 Amended Motion for Preliminary Injunction. Signed by Judge Gregory L Frost on 1/13/14. (kn)
January 15, 2014
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ORDER denying 393 Motion to Clairfy; denying 393 Motion for Reconsideration. Signed by Judge Gregory L Frost on 1/15/14. (kn)
May 14, 2014
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ORDER finding as moot 450 Motion to Dismiss targeting Tyler's supplemental individual complaint; granting 460 Motion for voluntary dismissal as to Arthur Tyler. Signed by Judge Gregory L Frost on 5/14/14. (kn)
October 26, 2015
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OPINION AND ORDER granting 530 Sealed Motion for Protective Order, denying 536 Sealed Motion to Exclude Testimony and Declaration of J. Lawrence Cunningham, and denying 542 Sealed Motion to Exclude Testimony and Declaration of Randy P. Juhl. Signed by Judge Gregory L. Frost on 10/26/2015. (kk)
November 2, 2015
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ORDER denying 630 Motion to Modify the Protective Order. Signed by Judge Gregory L. Frost on 11/2/15. (kn)
December 2, 2015
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ORDER granting 552 Motion to Dismiss claims of Frederick Mundt; granting 587 Motion to Dismiss claims of Mark Pickens. Signed by Judge Gregory L. Frost on 11-1016. (kn)
December 17, 2015
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ORDER granting in part 631 Sealed Motion. Signed by Judge Gregory L. Frost on 12/17/15. (kn)
November 28, 2016
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DECISION AND ORDER ON PLAINTIFFS' MOTION TO COMPEL - Plaintiffs' Motion to Compel Discovery 660 is GRANTED as to items one, two, and four in Plaintiffs' Reply in Support (ECF No. 678, PageID 19931-34) and otherwise DENIED. The denial regarding execution drugs obtained by ODRC between October 26, 2015, and October 7, 2016, is without prejudice to renewal after Fear v. Kasich is decided. Signed by Magistrate Judge Michael R. Merz on 11/28/2016. (kpf)
December 1, 2016
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DECISION AND ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS' MOTION TO MODIFY SCHEDULING ORDER 747. Signed by Magistrate Judge Michael R. Merz on 12/1/2016. (kpf)
December 12, 2016
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DECISION AND ORDER GRANTING LEAVE TO DEPOSE DEFENDANT GARY MOHR 802 AND DENYING DEFENDANTS' MOTION TO QUASH THE DEPOSITION 789. Signed by Magistrate Judge Michael R. Merz on 12/12/2016. (kpf)
December 16, 2016
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DECISION AND ORDER ON ALABAMA SUBPOENAS - Plaintiff's Motion for an Order that Fourteen Calendar Days is a Reasonable Time within which to Comply with Rule 45 Subpoena (ECF No. 821) is GRANTED. Signed by Magistrate Judge Michael R. Merz on 12/16/2016. (kpf)
December 19, 2016
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DECISION AND ORDER STAYING THE EXECUTIONS OF PLAINTIFFS PHILLIPS, TIBBETTS, AND OTTE PENDENTE LITE. Signed by Magistrate Judge Michael R. Merz on 12/19/2016. (kpf)
December 20, 2016
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RULINGS ON DEFENDANTS' CLAIM OF PRIVILEGE. Signed by Magistrate Judge Michael R. Merz on 12/20/2016. (kpf)
January 3, 2017
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DECISION AND ORDER ON DEFENDANTS' MOTIONS IN LIMINE 864 865. Signed by Magistrate Judge Michael R. Merz on 1/3/2017. (kpf)
January 5, 2017
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DECISION AND ORDER DISSOLVING PRELIMINARY INJUNCTION PENDENTE LITE. Signed by Magistrate Judge Michael R. Merz on 1/5/2017. (kpf)
January 10, 2017
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ORDER TO PROVIDE INFORMATION - If the State of Ohio has sufficient execution drugs on hand to proceed with executions beyond those of Phillips, Tibbetts, and Otte, it is hereby ORDERED to file with the Court, not later than January 13, 2017, a statement of its intentions. Signed by Magistrate Judge Michael R. Merz on 1/10/2017. (kpf)
January 17, 2017
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NOTICE REGARDING CASE STATUS as to Plaintiff Alva Campbell, Jr. - Pursuant to the Court's Order to Provide Information (ECF No. 912), the Attorney Generals Office has advised that it has available supplies of the drugs specified in the current execution protocol to execute Inmate Alva Campbell on his currently scheduled execution date of May 10, 2017 (ECF No. 919). If Plaintiff Campbell moves for that relief not later than 5:00 p.m. on Tuesday, January 17, 2017, the Court is prepared to grant him the same vacation of stay as granted to Phillips, Tibbetts, and Otte. If Campbell moves for such relief, counsel for the parties shall consult and file, not later than 5:00 p.m. on Friday January 20, 2017, a report to the Court in the nature of a report under Fed. R. Civ. P. 26(f), which proposes dates for the various events which need to occur to adjudicate any request for temporary injunctive relief Campbell may wish to make. The same report will advise the Court whether the parties unanimously consent to extend the Magistrate Judge's plenary jurisdiction over the Phillips, Tibbetts, and Otee cases to the Campbell case. Signed by Magistrate Judge Michael R. Merz on 1/17/2017. (kpf)
January 25, 2017
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ORDER VACATING STAY PENDING INTERLOCUTORY APPEAL - The interlocutory appeal is now completed and therefore the stay (ECF No. 629, PageID 19142) is VACATED. What this means in terms of additional scheduling will be discussed in the next status conference in this case which is set for 9:30 A.M. on Monday, February 6, 2017. Signed by Magistrate Judge Michael R. Merz on 1/25/2017. (kpf)
January 26, 2017
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(2) any lethal injection method which employs either a paralytic agent or potassium chloride. Signed by Magistrate Judge Michael R. Merz on 1/26/2017. 2017 U.S. Dist. LEXIS 11019 (S.D. Ohio 2017) (kpf) Modified on 2/27/2017 (kpf).DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - The Plaintiffs' Motions for Preliminary Injunction are GRANTED IN PART AND DENIED IN PART. Defendants and all persons in active concert with them are ENJOINED during the pendency of this action from carrying into execution the death sentences of Plaintiffs Phillips, Tibbetts, and/or Otte by using (1) the three-drug protocol embodied in the October 7, 2016, version of 01 COM 11 or
January 27, 2017
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DECISION AND ORDER NOTICE OR MOTION TO AMEND - The Court's prior Order (ECF No. 908) is VACATED. Plaintiff Tibbetts and Ottes Joint OCPA Supplement is deemed filed December 30, 2016. Plaintiffs shall file the Joint OCPA Supplement separately so that it acquires its own docket number. This ruling is without prejudice to Defendants' position that this Court lacks jurisdiction to adjudicate the OCPA claims against the added parties and any other matter which might properly be raised on a motion under Fed. R. Civ. P. 12(b). Defendants' time to file such a motion is sua sponte extended to and including February 6, 2017. This Order terminates ECF No. 876.. Signed by Magistrate Judge Michael R. Merz on 1/27/2017. (kpf)
February 7, 2017
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DECISION AND ORDER DENYING MOTION TO STAY - The Court is not persuaded it abused its discretion in entering the Preliminary Injunction Order. Defendants'Motion (ECF No. 967) to Stay the Courts Decision and Order Granting in Part and Denying in Part Plaintiffs' Motions for Preliminary Injunction (ECF No. 948) is DENIED. Signed by Magistrate Judge Michael R. Merz on 2/7/2017. (kpf)
February 7, 2017
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CORRECTED DECISION AND ORDER DENYING MOTION TO STAY. Signed by Magistrate Judge Michael R. Merz on 2/7/2017. 2017 U.S. Dist. LEXIS 17104 (S.D. Ohio 2017) (kpf) Modified on 2/27/2017 (kpf).
May 24, 2017
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ORDER - PageID 30226-27 and 30255 from the deposition of Stephen Gray are ordered unsealed. Plaintiffs shall promptly file those pages separately from ECF No. 905-1. Signed by Magistrate Judge Michael R. Merz on 5/24/2017. (kpf)
May 24, 2017
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR PARTIAL REDACTION OF DEPOSITIONS - Fed. R. Civ. P. 5.2(d) provides that the court may "order the person who made the filing to file a redacted version for the public record." It is accordingly ORDERED that Plaintiffs prepare and file versions of the depositions referenced herein with the redactions ordered herein not later than July 1, 2017. Signed by Magistrate Judge Michael R. Merz on 5/24/2017. (kpf)
July 12, 2017
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS - Defendants' Motion to Dismiss the Fourth Amended Complaints of Plaintiffs Tibbetts and Otte is GRANTED IN PART AND DENIED IN PART. In each case where a Cause of Action was dismissed, the Court has acted under Fed. R. Civ. P. 12(b)(6). It has not found any claim made by Plaintiffs to be so insubstantial as to deprive it of subject matter jurisdiction. In re: Ohio Execution Protocol Litigation (Tibbetts & Otte), 2017 U.S.Dist. LEXIS 107468 (S.D. Ohio, July 12, 2017) Signed by Magistrate Judge Michael R. Merz on 7/12/2017. (kpf) Modified on 10/10/2017 (MRM).
July 17, 2017
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***WITHDRAWN PER 1100*** DECISION AND ORDER ON RECONSIDERATION OF DECISION ON MOTION TO DISMISS AS TO FORTY-NINTH CAUSE OF ACTION (ECF No. 1090) - Having reconsidered the Decision as to the Forty-Ninth Cause of Action, the order dismissing that claim without prejudice to its reassertion in the Ohio Court of Claims is WITHDRAWN. In place of that portion of the Decision, the Court now orders that the Forty-Ninth Cause of Action be dismissed without prejudice for lack of subject matter jurisdiction by virtue of the Eleventh Amendment. Signed by Magistrate Judge Michael R. Merz on 7/17/2017. (kpf) Modified on 7/17/2017 (kpf).
July 18, 2017
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DECISION AND ORDER ON PLAINTIFFS' MOTION TO VIEW EXECUTIONS- Motion of Plaintiffs Gary Otte, Raymond Tibbetts, Alva Campbell, Robert Van Hook, and Melvin Bonnell to Witness Executions that Precede Their [Own] Executions (ECF No. 953) is DENIED. Signed by Magistrate Judge Michael R. Merz on 7/18/2017. (kpf) Modified on 7/18/2017 to add text (kpf).
July 18, 2017
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DECISION AND ORDER ON PLAINTIFFS' RENEWED MOTION TO PRESERVE AND PRODUCE EXECUTION MATERIALS. Signed by Magistrate Judge Michael R. Merz on 7/18/2017. (kpf) Modified on 7/18/2017 to edit document type (kpf).
July 21, 2017
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CORRECTED DECISION AND ORDER ON DEFENDANTS' MOTION TO MODIFY DECISION AND ORDER ON PLAINTIFFS' RENEWED MOTION TO PRESERVE AND PRODUCE EXECUTION MATERIALS. Signed by Magistrate Judge Michael R. Merz on 7/21/2017. (kpf)
July 25, 2017
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DECISION AND ORDER ON SECOND RECONSIDERATION OF DECISION ON MOTION TO DISMISS AS TO FORTY-NINTH CAUSE OF ACTION. Signed by Magistrate Judge Michael R. Merz on 7/25/2017. (kpf)
July 31, 2017
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR A SCHEDULING ORDER 1047 signed by Magistrate Judge Michael R. Merz on 7/31/2017. (kpf)
August 2, 2017
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REPORT AND RECOMMENDATIONS ON MOTION TO DISSOLVE TEMPORARY INJUNCTIVE RELIEF - It is respectfully recommended that Defendants' Motion to Dissolve be GRANTED. This would be without any prejudice to any future motion for preliminary injunctive relief these Plaintiffs may seek. Objections to R&R due by 8/16/2017. Signed by Magistrate Judge Michael R. Merz on 8/2/2017. (kpf)
August 2, 2017
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DECISION AND ORDER DISMISSING THE FORTY-SIXTH CAUSE OF ACTION IN THE FOURTH AMENDED COMPLAINT OF PLAINTIFF ALVA CAMPBELL. Signed by Magistrate Judge Michael R. Merz on 8/2/2017. (kpf)
August 14, 2017
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS PLAINTIFF CAMPBELL'S FOURTH AMENDED COMPLAINT. Signed by Magistrate Judge Michael R. Merz on 8/14/2017. (kpf)
August 15, 2017
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ORDER TO PRODUCE UNREDACTED PHOTOGRAPHS FOR IN CAMERA INSPECTION. Signed by Magistrate Judge Michael R. Merz on 8/15/2017. (kpf)
August 17, 2017
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MODIFICATIONS TO ORDER REGARDING TESTING OF PHILLIPS' EXECUTION MATERIALS. Signed by Magistrate Judge Michael R. Merz on 8/17/2017. (kpf)
August 29, 2017
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DECISION AND ORDER GRANTING IN PART PLAINTIFFS' MOTION FOR AN ORDER REGARDING DISCOVERY 1145. Signed by Magistrate Judge Michael R. Merz on 8/29/2017. (kpf)
August 29, 2017
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DECISION AND ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER WITHOUT PREJUDICE - Preliminary Injunction Hearing is hereby set for 9/6/2017 at 9:30 AM in Courtroom 4 before Magistrate Judge Michael R. Merz. Signed by Magistrate Judge Michael R. Merz on 8/29/2017. (kpf) Modified on 9/28/2017 - 2017 U.S. Dist. LEXIS 138456 (kpf).
August 31, 2017
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PRELIMINARY INJUNCTION HEARING SCHEDULING ORDER signed by Magistrate Judge Michael R. Merz on 8/31/2017. (kpf)
August 31, 2017
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART THE STATE ACTOR DEFENDANTS' MOTION TO MODIFY PRELIMINARY INJUNCTION HEARING SCHEDULING ORDER. Signed by Magistrate Judge Michael R. Merz on 8/31/2017. (kpf) Modified text as to date signed, as well as filing date on 9/5/2017 (kdp).
September 3, 2017
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ORDER -. Signed by Magistrate Judge Michael R. Merz on 9/3/2017. (MRM)
September 5, 2017
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ORDER OVERRULING OBJECTIONS. This case is before the Court on Plaintiffs' Notice of Mootness of Plaintiffs' Objections 1156, 1160 to Magistrate Judge's Order 1154 and Magistrate Judge's Modifications to Order Regarding Testing of Phillips's Execution Materials 1159, 1191. Plaintiffs now notify the Court because the parties have shipped their materials to their preferred laboratories 1166, 1183, and because the testing is likely to be destructive 1174, Plaintiff's objections concerning those materials are now moot. The Court accordingly OVERRULES 1156, 1160 Plaintiffs' Objections. Signed by Chief Judge Edmund A. Sargus on 09/05/2017. (dh1)
September 8, 2017
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DECISION AND ORDER DENYING MOTION FOR STAY AND PRELIMINARY INJUNCTION 1168. Signed by Magistrate Judge Michael R. Merz on 9/8/2017. Reported at In re Ohio Execution Protocol Litig., 2017 U.S. Dist. LEXIS 145432 (S.D. Ohio Sept. 8, 2017) (kpf) Modified on 10/10/2017 (MRM).
September 11, 2017
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS SECOND MOTION TO PRESERVE AND PRODUCE EXECUTION EVIDENCE 1231. Signed by Magistrate Judge Michael R. Merz on 9/10/2017. (kpf)
September 16, 2017
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MEMORANDUM AND OPINION denying ex parte motion for temporary restraining order. Reported at In re Ohio Execution Protocol Litig., 2017 U.S. Dist. LEXIS 150630 (S.D. Ohio Sept. 18, 2017) Signed by Magistrate Judge Michael R. Merz on 09/16/2017. (MRM) Modified on 10/12/2017 (MRM).
September 21, 2017
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DECISION AND ORDER ON TESTING MATERIALS FROM THE OTTE EXECUTION signed by Magistrate Judge Michael R. Merz on 9/21/2017. (kpf)
September 22, 2017
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ceived photographs of the boxes the Defendants destroyed. Signed by Magistrate Judge Michael R. Merz on 9/22/17. (kma)REPORT OF IN CAMERA INSPECTION- This ยง 1983 capital case is before the Court for in camera review of the photographs submitted by Defendants of the execution materials from the September 13, 2017, execution of Gary Otte.Having done so, the Court confirms that (1) none of the drugs used in the Otte execution had passed their expiration date as of September 13, 2017; (2) the photographs fully capture and legibly depict the information contained on the unaltered vials; and (3) the Court has re
September 22, 2017
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DISMISSAL ORDER AS TO PLAINTIFF GARY OTTE - Plaintiff Gary Otte having been executed on September 13, 2017, and given that his action for injunctive relief does not survive, the above-captioned action is dismissed as to Mr. Otte. Signed by Magistrate Judge Michael R. Merz on 9/22/17. (kma)
September 25, 2017
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ORDER TO COMPLY FORTHWITH - re 1252 Amended Complaint. Signed by Magistrate Judge Michael R. Merz on 9/25/17. (kma)
September 26, 2017
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SECOND NOTICE REGARDING PRIVATE AUTOPSY OF GARY OTTE - In light of Defendants Reply, the last sentence of the Notice (There is nothing pending for the Court to decide about the autopsy results and the Court will do nothing on this matterexcept pursuant to a motion by one of the parties.) is WITHDRAWN. Because it asks for a court order, the Reply will be treated as a motion to compel. Because of the urgency of preparation for the Tibbetts-Campbell preliminary injunction hearing, Plaintiffs may file their memorandum in opposition to the motion not later than September 29, 2017, at 4:00 p.m. No further briefing will be considered on this issue in the absence of court permission on good causeshown re 1258. Signed by Magistrate Judge Michael R. Merz on 9/26/17. (kma)
September 28, 2017
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DECISION AND ORDER DENYING TEMPORARY RESTRAINING ORDERS. Signed by Magistrate Judge Michael R. Merz on 9/28/2017. (kpf)
September 29, 2017
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MEMORANDUM AND OPINION on production of Otte Autopsy Results. Signed by Magistrate Judge Michael R. Merz on 09/29/2017. (MRM)
October 2, 2017
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DECISION AND ORDER REGARDING OTTE AUTOPSY RESULTS signed by Magistrate Judge Michael R. Merz on 9/29/2017. (kpf)
October 6, 2017
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RECOMMITTAL ORDER: This case is before the Court on Plaintiffs' Objections 1276 to the Magistrate Judge's Report and Recommendation 1136. This matter is returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Chief Judge Edmund A. Sargus on 10/06/2017. (dh1)
October 11, 2017
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DECISION AND ORDER SUSTAINING DEFENDANTS' OBJECTIONS TO INTERROGATORIES. Signed by Magistrate Judge Michael R. Merz on 10/10/2017. (kpf) Modified signed date on 10/12/2017 (kdp).
October 12, 2017
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REPORT OF IN CAMERA INSPECTION; ORDER SUSTAINING DEFENDANTS' OBJECTION TO PRODUCTION. Signed by Magistrate Judge Michael R. Merz on 10/12/2017. (kpf)
October 17, 2017
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION TO DISSOLVE PRELIMINARY INJUNCTIONS- It is again respectfully recommended that the temporary injunctive relief granted to Plaintiffs Smith, Webb, and Lorraine be DISSOLVED without prejudice to renewed consideration of such relief if their executions become imminent. Objections to R&R due by 10/31/2017. Signed by Magistrate Judge Michael R. Merz on 10/17/2017. (kpf)
October 20, 2017
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ORDER denying 1309 Motion to Compel. Signed by Magistrate Judge Michael R. Merz on 10/20/2017. (MRM)
October 21, 2017
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ORDER denying 1311 Motion in Limine as to Nurse Anesthetist Laura Depas. Signed by Magistrate Judge Michael R. Merz on 10/21/2017. (MRM)
October 31, 2017
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DECISION AND ORDER DENYING LEAVE TO AMEND AND SUPPLEMENT 1350. Signed by Magistrate Judge Michael R. Merz on 10/30/2017. (kpf)
November 3, 2017
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Restraining Order, and a Preliminary Injunction (ECF No. 1262). Signed by Magistrate Judge Michael R. Merz on 11/3/2017. (kpf)DECISION AND ORDER denying Plaintiff Tibbetts's Second Motion for a Stay of Execution, a Temporary Restraining Order, and a Preliminary Injunction (ECF No. 1261) and Plaintiff Campbell's Amended Motion for a Stay of Execution, a Temporary
November 7, 2017
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DECISION AND ORDER DENYING MOTION TO CERTIFY FOR INTERLOCUTORY APPEAL 1365. Signed by Magistrate Judge Michael R. Merz on 11/7/2017. (kpf)
November 24, 2017
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Notation ORDER regarding compliance with Standing Order No. 2. Signed by Magistrate Judge Michael R. Merz on 11/24/2017. (MRM)
December 22, 2017
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ORDER - Upon Notice from the State Defendants that Timothy Shoop has succeeded Charlotee Jenkins as Warden at the Chillicothe Correctional Institution (ECF No. 1402), it is hereby ORDERED, pursuant to Fed. R. Civ. P. 25(d), that Mr. Shoop be and he hereby is SUBSTITUTED for Ms. Jenkins as a party Defendant herein. Signed by Magistrate Judge Michael R. Merz on 12/22/17. (kma)