Case: In the Matter of the Federal Bureau of Prisons’ Execution Protocol Cases

1:19-mc-00145 | U.S. District Court for the District of Columbia

Filed Date: Jan. 22, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

In July 2019, the United States Department of Justice (DOJ), in conjunction with the Bureau of Prisons, announced plans to resume federal capital punishment after a nearly twenty-year hiatus. The Federal Death Penalty Act was the controlling authority on the federal government’s role in capital punishment. The act passed in 1993, one year after then attorney-general William Barr had tried to standardize federal death penalty procedure. The Federal Death Penalty Act established that the US Marsh…

In July 2019, the United States Department of Justice (DOJ), in conjunction with the Bureau of Prisons, announced plans to resume federal capital punishment after a nearly twenty-year hiatus. The Federal Death Penalty Act was the controlling authority on the federal government’s role in capital punishment. The act passed in 1993, one year after then attorney-general William Barr had tried to standardize federal death penalty procedure. The Federal Death Penalty Act established that the US Marshall supervised the implementation of the death penalty in the manner proscribed by state law, but did not impose a separate federal execution procedure.

The underlying litigation, which would not be completed by the time these prisoners are scheduled to be executed, is an offshoot of Roane v. Gonzalez, a case in the mid-2000s in which the court granted a stay on the execution of seven death row prisoners that the federal government had sought to execute. This case consolidated the Roane appeal with those of four other death row prisoners, Daniel Lewis Lee, Wesley Ira Purkey, Alfred Bourgeois, Dustin Lee Honken. Plaintiffs sought a stay on their execution until the prisoners completed litigation on the constitutionality of DOJ’s new execution protocol. Plaintiffs were represented by, among others, private counsel from King & Spalding, Hogan Lovells, Wilmer Hale, and Skadden Arps, public counsel from the Federal Community Defender Office, as well as local public defenders’ offices from across the country.

The district court judge (Judge Tanya S. Chutkan) granted this stay on November 20, 2019, until the five prisoners completed litigation on the constitutionality of DOJ’s new execution protocol. She based her assessment on the substantial likelihood that plaintiff’s underlying litigation would succeed, the irreparable harm that plaintiffs’ execution prior to the culmination of their litigation would visit on them, and the public interest not being served by executing individuals before they had a chance to avail themselves of the justice system. 2019 WL 6691814.

DOJ appealed the opinion and order granting a stay on the executions of five death row prisoners and the case went before the DC Circuit Court of Appeals. Oral arguments were held on January 29, 2020 and the case is pending ruling in Circuit Court.

Summary Authors

Dan Toubman (2/16/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16119133/parties/in-the-matter-of-the-federal-bureau-of-prisons-execution-protocol-cases/


Judge(s)
Attorney for Plaintiff

Albertson, Steven M. (District of Columbia)

Almond, Brandon David (District of Columbia)

Aminoff, Jonathan Charles (California)

Bacchi, Celeste (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Ayers, Robert A. (District of Columbia)

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

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Documents in the Clearinghouse

Document

1:19-mc-00145

Docket

Feb. 24, 2020

Feb. 24, 2020

Docket
26

1:19-mc-00145

Unopposed Motion to Intervene by Dustin Lee Honken and Incorporated Memorandum of Law in Support

Nov. 1, 2019

Nov. 1, 2019

Pleading / Motion / Brief
38

1:19-mc-00145

Complaint of Plaintiff-Intervenor Dustin Lee Honken

Nov. 8, 2019

Nov. 8, 2019

Complaint
50

1:19-mc-00145

Memorandum Opinion

Nov. 20, 2019

Nov. 20, 2019

Order/Opinion

2019 WL 2019

51

1:19-mc-00145

Order

Nov. 20, 2019

Nov. 20, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16119133/in-the-matter-of-the-federal-bureau-of-prisons-execution-protocol-cases/

Last updated March 29, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link

Minute Entry: Status Conference held on 8/15/2019 before Judge Tanya S. Chutkan: Parties will adhere to the following schedule: Defendants shall file the administrative record on or before August 30, 2019; Plaintiffs shall complete the necessary 30(b)(6) depositions on or before February 28, 2020; and Plaintiffs shall file an amended complaint on or before March 31, 2020. Order forthcoming regarding consolidation of 05-2337; 07-2145; 12-782; and 13-958. (Court Reporter Bryan Wayne) (tb) Modified on 8/19/2019 (lctsc1). (Entered: 08/16/2019)- (Entry originally filed in 05cv2337 on 08/15/19.)

Aug. 15, 2019

Aug. 15, 2019

PACER

Minute Entry: Status Conference held on 8/15/2019 before Judge Tanya S. Chutkan: Parties will adhere to the following schedule: Defendants shall file the administrative record on or before August 30, 2019; Plaintiffs shall complete the necessary 30(b)(6) depositions on or before February 28, 2020; and Plaintiffs shall file an amended complaint on or before March 31, 2020. Order forthcoming regarding consolidation of 05-2337; 07-2145; 12-782; and 13-958. (Court Reporter Bryan Wayne) (tb) Modified on 8/19/2019 (lctsc1).

Aug. 15, 2019

Aug. 15, 2019

PACER
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ORDER: Upon consideration of the parties consent motions and the representations made by the parties at the August 15, 2019 status conference, the court hereby consolidates the four mention cases in the case caption of this order, pursuant to Federal Rule of Civil Procedure 42(a). It is therefore ORDERED that the following cases are to be consolidated into A Master Case File established for the lead case, 05-cv-2337 (TSC), as well as 07-cv-2145 (TSC), 12-cv-0782 (TSC), and 13-cv-0938 (TSC). All filings shall be made solely in the Master Case. SEE ORDER FOR DETAILS. Signed by Judge Tanya S. Chutkan on 8/20/19. (ztd) (Main Document 1 replaced on 8/29/2019) (tb). Modified on 8/29/2019 (DJS). (Entered: 08/27/2019)

Aug. 20, 2019

Aug. 20, 2019

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MOTION for Preliminary Injunction by ALFRED BOURGEOIS (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(ztd); (Document originally filed in 12cv782 on 8/19/19) (Entered: 08/29/2019)

1 Statement of Facts

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2 Text of Proposed Order

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Aug. 29, 2019

Aug. 29, 2019

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~Util - Set/Reset Deadlines

Aug. 29, 2019

Aug. 29, 2019

PACER

Status Conference

Aug. 29, 2019

Aug. 29, 2019

PACER
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MOTION for Extension of Time to File Response/Reply by ERIC H. HOLDER, JR, NEWTON E. KENDIG, II, HARLEY G. LAPPIN, MICHAEL B. MUKASEY (Attachments: # 1 Text of Proposed Order)(ztd); (Document originally filed in 05cv2337.) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER

MINUTE ORDER: Defendants' consent motion 3 for an extension of time to file a response to Plaintiff Alfred Bourgeois' (12-cv-00782) motion 2 for a preliminary injunction barring the execution of Plaintiff Bourgeois is GRANTED. Defendants shall file their response on or before September 16, 2019. Plaintiff's reply is due within one week of Defendants' response or September 23, 2019, whichever date is earlier. Signed by Judge Tanya S. Chutkan on 8/29/2019. (lctsc1)

Aug. 29, 2019

Aug. 29, 2019

PACER
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NOTICE of Filing Certification of the Administrative Record and the Index of the Administrative Record by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Certified List of the Contents of the Administrative Records)Associated Cases: 1:19-mc-00145-TSC, 1:05-cv-02337-TSC, 1:07-cv-02145-TSC, 1:12-cv-00782-TSC, 1:13-cv-00938-TSC(Clark, Denise) (Entered: 08/30/2019)

1 Certified List of the Contents of the Administrative Records

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Aug. 30, 2019

Aug. 30, 2019

PACER

Set/Reset Deadlines: Response due by 9/16/2019. Reply due by 9/23/2019. Associated Cases: 1:19-mc-00145-TSC, 1:05-cv-02337-TSC, 1:07-cv-02145-TSC, 1:12-cv-00782-TSC, 1:13-cv-00938-TSC(tb)

Sept. 4, 2019

Sept. 4, 2019

PACER
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NOTICE of Appearance by Jean Lin on behalf of All Defendants (Lin, Jean) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
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Memorandum in opposition to re 2 MOTION for Preliminary Injunction (This Document Relates to Bourgeois v. Department of Justice, No. 12-0782 filed by KERRY J. FORESTAL, ERIC H. HOLDER, JR, PAUL LAIRD, MICHELE LEONHART, CHARLES L. LOCKETT, MICHAEL B. MUKASEY, CHARLES E. SAMUELS, JR, UNITED STATES DEPARTMENT OF JUSTICE, THOMAS WEBSTER. (Lin, Jean) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Pieter Van Tol, :Firm- Hogan Lovells US LLP, :Address- 390 Madison Avenue New York, NY 10017. Phone No. - (212) 918-3000. Fax No. - (212) 918-3100 Filing fee $ 100, receipt number 0090-6360193. Fee Status: Fee Paid. by DANIEL LEWIS LEE (Attachments: # 1 Declaration of Pieter Van Tol, # 2 Text of Proposed Order, # 3 Certificate of Service)(Hagerty, Elizabeth) (Entered: 09/05/2019)

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Sept. 5, 2019

Sept. 5, 2019

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John D. Beck, :Firm- Hogan Lovells US LLP, :Address- 390 Madison Avenue New York, NY 10017. Phone No. - (212) 918-3000. Fax No. - (212) 918-3100 Filing fee $ 100, receipt number 0090-6360222. Fee Status: Fee Paid. by DANIEL LEWIS LEE (Attachments: # 1 Declaration of John D. Beck, # 2 Text of Proposed Order, # 3 Certificate of Service)(Hagerty, Elizabeth) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER

.Order

Sept. 6, 2019

Sept. 6, 2019

PACER

MINUTE ORDER: THIS ORDER RELATES TO LEE (19cv2559). Granting 7 8 Motions for Leave to Appear Pro Hac Vice. Pieter Van Tol and John D. Beck are hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff Daniel Lee. Signed by Judge Tanya S. Chutkan on 9/6/19. (DJS)

Sept. 6, 2019

Sept. 6, 2019

PACER

MINUTE ORDER: THIS ORDER RELATES TO ALL CASES. The parties are hereby reminded that, pursuant to the cour's Consolidation Order (ECF No. 1 ), when a filing is made that applies solely to ONE CASE, both the document and THE ECF ENTRY must contain a notation indicating that the filing Relates to [insert case NAME and NUMBER]. Documents that do not meet the requirements in the court's order may be STRICKEN sua sponte. Signed by Judge Tanya S. Chutkan on 9/6/19. (DJS)

Sept. 6, 2019

Sept. 6, 2019

PACER

MINUTE ORDER: THIS ORDER RELATES TO ALL CASES. The parties are hereby reminded that, pursuant to the cour's Consolidation Order (ECF No. 1), when a filing is made that applies solely to ONE CASE, both the document and THE ECF ENTRY must contain a notation indicating that the filing Relates to [insert case NAME and NUMBER]. Documents that do not meet the requirements in the court's order may be STRICKEN sua sponte. Signed by Judge Tanya S. Chutkan on 9/6/19. (DJS)

Sept. 6, 2019

Sept. 6, 2019

PACER
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NOTICE of Appearance by David Solomon Victorson on behalf of DANIEL LEWIS LEE (Victorson, David) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/11/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/10/2019. (Hagerty, Elizabeth) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
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REPLY to opposition to motion re (2 in 1:19-mc-00145-TSC) MOTION for Preliminary Injunction (The filing relates to Bourgeois v. United States Department of Justice, et al., No. 12-cv-0782-TSC) filed by ALFRED BOURGEOIS. Associated Cases: 1:19-mc-00145-TSC et al.(Kursman, Alexander) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER

.Order

Sept. 13, 2019

Sept. 13, 2019

PACER

MINUTE ORDER: The Court's 8/15/19 Order requiring that the Defendants file the administrative "record" by 8/30/19, is hereby AMENDED to reflect that, pursuant to Local Civil Rule 7(n), Defendants were obligated to file "a certified list of the contents of the administrative record" by 8/30/19. Signed by Judge Tanya S. Chutkan on 9/13/19. (DJS)

Sept. 13, 2019

Sept. 13, 2019

PACER
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TRANSCRIPT OF STATUS HEARING before Judge Tanya S. Chutkan held on August 15, 2019, re Consolidated Cases, CV Nos. 05-2337, 07-2145, 12-0782, 13-0938. Page Numbers: 1-22. Date of Issuance: 9/13/19. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/4/2019. Redacted Transcript Deadline set for 10/14/2019. Release of Transcript Restriction set for 12/12/2019.(Wayne, Bryan) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

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MOTION for Preliminary Injunction (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) by DANIEL LEWIS LEE (Attachments: # 1 Memorandum in Support, # 2 Declaration of Pieter Van Tol, # 3 Exhibit 1 - True and correct copy of a document entitled Addendum to BOP Execution Protocol Federal Death Sentence Implementation Procedures Effective July 25, 2019., # 4 Text of Proposed Order)(Van Tol, Pieter) (Entered: 09/27/2019)

1 Memorandum in Support

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2 Declaration of Pieter Van Tol

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3 Exhibit 1 - True and correct copy of a document entitled Addendum to BOP Executi

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4 Text of Proposed Order

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Sept. 27, 2019

Sept. 27, 2019

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Joint MOTION for Briefing Schedule as to 13 MOTION for Preliminary Injunction (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) (This document relates to Lee v. Barr,19-cv-2559) by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Lin, Jean) Modified event title on 10/3/2019 (znmw). (Entered: 10/01/2019)

1 Text of Proposed Order

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Oct. 1, 2019

Oct. 1, 2019

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MINUTE ORDER: The parties' joint motion 14 for an extension of time to file a response and reply to Plaintiff Daniel Lee's (19-cv-02559) motion 13 for a preliminary injunction barring implementation of the new federal lethal injunction protocol is GRANTED. Defendants shall file their response on or before October 18, 2019. Plaintiff's reply is due on or before November 1, 2019. Signed by Judge Tanya S. Chutkan on 10/1/2019. (lctsc1)

Oct. 1, 2019

Oct. 1, 2019

PACER

Set/Reset Deadlines: Defendants' Response due by 10/18/2019. Plaintiff's Reply due by 11/1/2019. (zjd)

Oct. 1, 2019

Oct. 1, 2019

PACER
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NOTICE of Appearance by Amy J. Lentz on behalf of ORLANDO HALL (Lentz, Amy) (Main Document 15 replaced on 10/2/2019) (ztd). (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER

Set/Reset Deadlines

Oct. 3, 2019

Oct. 3, 2019

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Memorandum in opposition to re 13 MOTION for Preliminary Injunction (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) (This document relates to Lee v. Barr,19-cv-2559) filed by MARK BEZY, JOHN F. CARAWAY, ALAN R. DOERHOFF, JOHN DOES(I-IV, Individually and in their official capacities; 07-cv-02145-TSC), JOHN DOES(I-V, Individually and in their official capacities 05cv2337; 12cv00782 I-X), KERRY J. FORESTAL, CHADRICK EVAN FULKS, ERIC H. HOLDER, JR, NEWTON E. KENDIG, II, PAUL LAIRD, HARLEY G. LAPPIN, MICHELE LEONHART, CHARLES L. LOCKETT, MICHAEL B. MUKASEY, CHARLES E. SAMUELS, JR, KAREN TANDY(Administrator, Drug Enforcement Administration (05cv2337)), UNITED STATES DEPARTMENT OF JUSTICE, THOMAS WEBSTER. (Lin, Jean) (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

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ENTERED IN ERROR.....NOTICE of Supplementation to the Administrative Record and Filing of Certification of the Amended Administrative Record and the Amended Index of the Administrative Record by MARK BEZY, JOHN F. CARAWAY, ALAN R. DOERHOFF, JOHN DOES(I-IV, Individually and in their official capacities; 07-cv-02145-TSC), JOHN DOES(I-V, Individually and in their official capacities 05cv2337; 12cv00782 I-X), KERRY J. FORESTAL, CHADRICK EVAN FULKS, ERIC H. HOLDER, JR, NEWTON E. KENDIG, II, PAUL LAIRD, HARLEY G. LAPPIN, MICHELE LEONHART, CHARLES L. LOCKETT, MICHAEL B. MUKASEY, KAREN TANDY(Administrator, Drug Enforcement Administration (05cv2337)), KAREN TANDY(07-cv-02145-TSC), UNITED STATES DEPARTMENT OF JUSTICE, THOMAS WEBSTER re 4 Notice (Other), (Attachments: # 1 Certification and Amended Index to Administrative Record)(Kossak, Jonathan) Modified on 10/25/2019 (zjf). (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER
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MOTION for Leave to File supplemental briefing in support of Daniel Lewis Lee's Motion for Preliminary Injunction 13 (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC), MOTION for Leave to File Excess Pages for a reply brief by DANIEL LEWIS LEE (Attachments: # 1 Declaration of Pieter Van Tol, # 2 Exhibit 1 - Transcript for August 15, 2019 Hearing before Court, # 3 Exhibit 2 - E-mail exchange between P. Van Tol and counsel for Defendants, October 2, 2019, # 4 Exhibit 3 - E-mail exchange between counsel for Defendants and P. Enzinna, September 25, 2019 and October 1, 2019, # 5 Exhibit 4 - E-mail exchange between P. Van Tol and counsel for Defendants, October 7, 2019 to October 23, 2019, # 6 Text of Proposed Order)(Van Tol, Pieter) (Entered: 10/24/2019)

1 Declaration of Pieter Van Tol

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2 Exhibit 1 - Transcript for August 15, 2019 Hearing before Court

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3 Exhibit 2 - E-mail exchange between P. Van Tol and counsel for Defendants, Octob

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4 Exhibit 3 - E-mail exchange between counsel for Defendants and P. Enzinna, Septe

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5 Exhibit 4 - E-mail exchange between P. Van Tol and counsel for Defendants, Octob

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6 Text of Proposed Order

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Oct. 24, 2019

Oct. 24, 2019

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RESPONSE re 18 MOTION for Leave to File supplemental briefing in support of Daniel Lewis Lee's Motion for Preliminary Injunction 13 (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) MOTION for Leave to File Excess Pages for a reply brief filed by UNITED STATES DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 17 Notice (Other) was entered in error at the request of counsel and will be refiled.(jf)

Oct. 25, 2019

Oct. 25, 2019

PACER
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NOTICE (Corrected) of Supplementation to the Administrative Record and Filing of Certification of the Amended Administrative Record and the Amended Index of the Administrative Record (This filing relates to all cases consolidated in In the Matter of the Federal Bureau of Prisons' Execution Protocol Cases, Case No. 19-mc-145) by MARK BEZY, JOHN F. CARAWAY, ALAN R. DOERHOFF, JOHN DOES(I-IV, Individually and in their official capacities; 07-cv-02145-TSC), JOHN DOES(I-V, Individually and in their official capacities 05cv2337; 12cv00782 I-X), KERRY J. FORESTAL, CHADRICK EVAN FULKS, ERIC H. HOLDER, JR, NEWTON E. KENDIG, II, PAUL LAIRD, HARLEY G. LAPPIN, MICHELE LEONHART, CHARLES L. LOCKETT, MICHAEL B. MUKASEY, CHARLES E. SAMUELS, JR, KAREN TANDY(Administrator, Drug Enforcement Administration (05cv2337)), KAREN TANDY(07-cv-02145-TSC), UNITED STATES DEPARTMENT OF JUSTICE, THOMAS WEBSTER re 4 Notice (Other), (Attachments: # 1 Certification and Amended Index to Administrative Record)(Kossak, Jonathan) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
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NOTICE of Appearance by Jonathan D. Kossak on behalf of All Defendants (Kossak, Jonathan) (Entered: 10/29/2019)

Oct. 29, 2019

Oct. 29, 2019

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.Order

Nov. 1, 2019

Nov. 1, 2019

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MINUTE ORDER granting, in part, and denying, in part, 18 Motion to Allow Supplemental Briefing and to Extend Page Limit. Granting with respect to page extension and denying without prejudice until further order of the Court with respect to supplemental briefing. Signed by Judge Tanya S. Chutkan on 11/1/19. (lcdl)

Nov. 1, 2019

Nov. 1, 2019

PACER
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REPLY to opposition to motion re 13 MOTION for Preliminary Injunction (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) filed by DANIEL LEWIS LEE. (Van Tol, Pieter) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

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DECLARATION of Pieter Van Tol to 22 . . . .REPLY to opposition to motion re 13 MOTION for Preliminary Injunction (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) Reply Declaration of Pieter Van Tol (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) filed by DANIEL LEWIS LEE. (Attachments: # 1 Exhibit A - Appellants Petition for En Banc Rehearing Death Penalty Case, May 14, 2020, # 2 Exhibit B -E-mail exchange between me and counsel for the Defendants between the period of October 7, 2019 and October 23, 2019, # 3 Exhibit C - Transcript for the conference before the Court on August 15, 2019)(Van Tol, Pieter) Modified text on 11/4/2019 (ztd). (Entered: 11/01/2019)

1 Exhibit A - Appellants Petition for En Banc Rehearing Death Penalty Case, May 1

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2 Exhibit B -E-mail exchange between me and counsel for the Defendants between th

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3 Exhibit C - Transcript for the conference before the Court on August 15, 2019

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Nov. 1, 2019

Nov. 1, 2019

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DECLARATION of Gail A. Van Norman, M.D. to 22 . . . . . REPLY to opposition to motion re 13 MOTION for Preliminary Injunction (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) Expert Declaration of Gail A. Van (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) Norman, M.D. filed by DANIEL LEWIS LEE. (Van Tol, Pieter) Modified text on 11/4/2019 (ztd). (Entered: 11/01/2019)

Nov. 1, 2019

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DECLARATION of Craig W. Stevens, Ph.D. to 22 . . . . .REPLY to opposition to motion re 13 MOTION for Preliminary Injunction (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) Expert Declaration of Craig W. Stevens Ph.D. (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) filed by DANIEL LEWIS LEE. (Van Tol, Pieter) Modified text on 11/4/2019 (ztd). (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

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Unopposed MOTION to Intervene by DUSTIN LEE HONKEN (Attachments: # 1 Exhibit Complaint, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)Associated Cases: 1:19-mc-00145-TSC et al.(Schmidt, Amelia) (Entered: 11/01/2019)

1 Exhibit Complaint

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Nov. 1, 2019

Nov. 1, 2019

Clearinghouse
27

MOTION for Extension of Time to Respond to Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Clark, Denise) Modified on 11/5/2019 (ztd). (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

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NOTICE of Appearance by Jonathan Jeffress on behalf of DUSTIN LEE HONKEN (Jeffress, Jonathan) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
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MOTION for Preliminary Injunction by DUSTIN LEE HONKEN (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Jeffress, Jonathan) (Entered: 11/05/2019)

1 Exhibit

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Nov. 5, 2019

Nov. 5, 2019

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NOTICE OF ERROR re 28 Notice of Appearance; emailed to jjeffress@kaiserdillon.com, cc'd 64 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel must call Attorney Admissions, (202) 354-3110, regarding status. (ztd, )

Nov. 5, 2019

Nov. 5, 2019

PACER
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RESPONSE re 27 MOTION for Extension of Time to File Response/Reply (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) filed by DANIEL LEWIS LEE. (Van Tol, Pieter) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
31

Consent MOTION for Extension of Time to Respond to Proposed Plaintiff/Intervenor Honken's Motion for Preliminary Injunction (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) by MARK BEZY, JOHN F. CARAWAY, ALAN R. DOERHOFF, JOHN DOES(I-IV, Individually and in their official capacities; 07-cv-02145-TSC), JOHN DOES(I-V, Individually and in their official capacities 05cv2337; 12cv00782 I-X), KERRY J. FORESTAL, CHADRICK EVAN FULKS, ERIC H. HOLDER, JR, NEWTON E. KENDIG, II, PAUL LAIRD, HARLEY G. LAPPIN, MICHELE LEONHART, CHARLES L. LOCKETT, MICHAEL B. MUKASEY, CHARLES E. SAMUELS, JR, KAREN TANDY(Administrator, Drug Enforcement Administration (05cv2337)), KAREN TANDY(07-cv-02145-TSC), UNITED STATES DEPARTMENT OF JUSTICE, THOMAS WEBSTER (Attachments: # 1 Text of Proposed Order)(Kossak, Jonathan) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
32

MOTION for Leave to File the expert declarations of Gail A. Norman, M.D. and Craig W. Stevens, Ph.D. (This filing relates to Lee v. Barr et al., Case No. 19-cv-02559-TSC) by DANIEL LEWIS LEE (Attachments: # 1 Text of Proposed Order)(Van Tol, Pieter) (Entered: 11/06/2019)

1 Text of Proposed Order

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Nov. 6, 2019

Nov. 6, 2019

RECAP
33

Joint MOTION for Hearing (This filing relates to All Cases) by DANIEL LEWIS LEE (Van Tol, Pieter) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER

.Order

Nov. 7, 2019

Nov. 7, 2019

PACER

MINUTE ORDER denying 33 the parties' motion for a hearing without prejudice until further order of the Court. The Court intends to issue a ruling and/or hold a hearing no later than November 20, 2019. Signed by Judge Tanya S. Chutkan on November 7, 2019. (tsclc2)

Nov. 7, 2019

Nov. 7, 2019

PACER

MINUTE ORDER: Granting 26 Dustin Lee Honkin's Unopposed Motion to Intervene, pursuant to Federal Rule of Civil Procedure 24(b). Denying 31 Consent Motion for Extension of Time to respond to Dustin Lee Honkin's Motion for Preliminary Judgment. Defendant shall file its response by November 12, 2019 at 5pm. Plaintiff's reply brief shall be filed by November 18, 2019 at 12 p.m. The Court will view motions for extension with extreme disfavor. Granting 27 Defendant's Motion for Extension of Time to Respond to Daniel Lewis Lee's Complaint. Defendant's response to the Complaint shall be filed no later than April 30, 2020 at 12 p.m.. Signed by Judge Tanya S. Chutkan on 11/8/2019. (tsclc2)

Nov. 8, 2019

Nov. 8, 2019

PACER

Order on Motion for Extension of Time to

Nov. 8, 2019

Nov. 8, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 8, 2019

Nov. 8, 2019

PACER

Set/Reset Deadlines/Hearings: Answer due by 4/30/2020. Response due by 11/12/2019. Reply due by 11/18/2019. (tb)

Nov. 8, 2019

Nov. 8, 2019

PACER
34

MOTION for Preliminary Injunction Barring the Implementation of the Newly Announced Federal Lethal Injection Protocol, by WESLEY IRA PURKEY (Attachments: # 1 Text of Proposed Order)(Smith, Arin) (Entered: 11/08/2019)

1 Text of Proposed Order

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Nov. 8, 2019

Nov. 8, 2019

RECAP
38

Intervenor COMPLAINT filed by DUSTIN LEE HONKEN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(ztd) (Entered: 11/13/2019)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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Nov. 8, 2019

Nov. 8, 2019

Clearinghouse
35

NOTICE of Appearance by Ethan Price Davis on behalf of All Defendants (Attachments: # 1 Certificate of Service)(Davis, Ethan) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER

.Order

Nov. 12, 2019

Nov. 12, 2019

PACER
36

RESPONSE re 29 MOTION for Preliminary Injunction (This document relates to Lee v. Barr,19-cv-2559, re Intervenor Plaintiff Honken) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Raul Campos)(Lin, Jean) (Entered: 11/12/2019)

1 Declaration of Raul Campos

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Nov. 12, 2019

Nov. 12, 2019

RECAP
37

Memorandum in opposition to re 34 MOTION for Preliminary Injunction Barring the Implementation of the Newly Announced Federal Lethal Injection Protocol, (This document relates to Purkey v. Barr, 19-cv-03214) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Lin, Jean) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

RECAP

MINUTE ORDER: Defendant shall file the administrative record in its entirety no later than November 14, 2019 at 5pm. Given this order, parties need not jointly prepare the appendix referred to in Local Civil Rule 7(n)(1),(2). Signed by Judge Tanya S. Chutkan on 11/12/19. (tsclc2)

Nov. 12, 2019

Nov. 12, 2019

PACER

.Order

Nov. 13, 2019

Nov. 13, 2019

PACER

MINUTE ORDER: This order relates to 19cv3214 (Wesley Purkey). GRANTING Motions for Admission Pro Hac Vice filed in 19cv3214-TSC at ECF Nos. 3 and 4 Alan E. Schoenfeld and Ryan M. Chabot are hereby admitted pro hac vice in this matter on behalf of Wesley Purkey. Signed by Judge Tanya S. Chutkan on 11/13/19. (DJS) Modified on 11/13/2019 (tb). Modified on 11/13/2019 (tb).

Nov. 13, 2019

Nov. 13, 2019

PACER

MINUTE ORDER: Counsel are hereby reminded that pursuant to Paragraph 8 of this court's Consolidation Order 1, when a document is filed that relates to one or more, but not all consolidated cases, the relevant case name(s) and CASE NUMBER(S) must appear in the caption of the document AND on the CM/ECF ENTRY (e.g., This document relates to LEE HONKEN 19-cv-2559). Signed by Judge Tanya S. Chutkan on 11/13/19. (DJS)

Nov. 13, 2019

Nov. 13, 2019

PACER
39

NOTICE of Filing of the Amended Administrative Record (this filing relates to All Cases) by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Amended Administrative Record)(Kossak, Jonathan) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
40

NOTICE of Appearance- Pro Bono by Charles Frederick Walker on behalf of CORY JOHNSON (Walker, Charles) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
41

NOTICE of Appearance- Pro Bono by Steven M Albertson on behalf of CORY JOHNSON (Albertson, Steven) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER

Set/Reset Deadlines: Administrative Record due by 11/14/2019. (tb)

Nov. 14, 2019

Nov. 14, 2019

PACER
42

NOTICE of Appearance by Alan Burch on behalf of All Defendants (Burch, Alan) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
43

NOTICE of Appearance by Paul Perkins on behalf of All Defendants (Perkins, Paul) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
44

REPLY to opposition to motion re (29 in 1:19-mc-00145-TSC) MOTION for Preliminary Injunction filed by DUSTIN LEE HONKEN. (Attachments: # 1 Exhibit)Associated Cases: 1:19-mc-00145-TSC, 1:19-cv-02559-TSC(Jeffress, Jonathan) (Entered: 11/18/2019)

1 Exhibit

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Nov. 18, 2019

Nov. 18, 2019

PACER

Order on Sealed Motion

Nov. 18, 2019

Nov. 18, 2019

PACER
45

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by DUSTIN LEE HONKEN (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Reply to Opposition, # 2 Exhibit Exhibit 1)(Jeffress, Jonathan) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
46

SEALED MOTION filed by WESLEY IRA PURKEY (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Smith, Arin) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
47

REPLY to opposition to motion re 34 MOTION for Preliminary Injunction Barring the Implementation of the Newly Announced Federal Lethal Injection Protocol, (This document relates to Purkey v. Barr, 19-cv-03214) filed by WESLEY IRA PURKEY. (Attachments: # 1 Exhibit 1)(Smith, Arin) Modified text on 11/18/2019 at the request of counsel (ztth). (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER

MINUTE ORDER: Granting DUSTIN LEE HONKEN's 45 Sealed Motion for Leave to File Document Under Seal and WESLEY IRA PURKEY's 46 Sealed Motion for leave to File Document Under Seal. SO ORDERED - by Judge Tanya S. Chutkan on 11/18/19. (tb)

Nov. 18, 2019

Nov. 18, 2019

PACER
48

SEALED REPLY TO OPPOSITION filed by DUSTIN LEE HONKEN re 29 MOTION for Preliminary Injunction (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(ztd) (Entered: 11/19/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
49

SEALED REPLY TO OPPOSITION filed by WESLEY IRA PURKEY re 34 MOTION for Preliminary Injunction Barring the Implementation of the Newly Announced Federal Lethal Injection Protocol, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(ztd) (Entered: 11/19/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
50

MEMORANDUM AND OPINION regarding Plaintiffs' motions 2 13 29 34 for preliminary injunction. Signed by Judge Tanya S. Chutkan on 11/20/2019. (tsclc) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

Clearinghouse
51

ORDER granting 2 Motion for Preliminary Injunction; granting 13 Motion for Preliminary Injunction; granting 29 Motion for Preliminary Injunction; granting 34 Motion for Preliminary Injunction. Defendants are hereby enjoined from executing Plaintiffs until further order of this court. See Order for additional details. Signed by Judge Tanya S. Chutkan on 11/20/2019. (tsclc) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

Clearinghouse
56

SEALED DOCUMENT filed by WILLIAM P. BARR, MARK BEZY, RADM CHRIS A. BINA, JOHN F. CARAWAY, ALAN R. DOERHOFF, JOHN DOES(I-IV, Individually and in their official capacities; 07-cv-02145-TSC), JOHN DOES(I-V, Individually and in their official capacities 05cv2337; 12cv00782 I-X), KERRY J. FORESTAL, CHADRICK EVAN FULKS, ERIC H. HOLDER, JR, NEWTON E. KENDIG, II, JEFFREY E. KRUEGER, PAUL LAIRD, HARLEY G. LAPPIN, MICHELE LEONHART, CHARLES L. LOCKETT, JOSEPH MCCLAIN, MICHAEL B. MUKASEY, CHARLES E. SAMUELS, JR, KAREN TANDY(Administrator, Drug Enforcement Administration (05cv2337)), KAREN TANDY(07-cv-02145-TSC), UNITED STATES DEPARTMENT OF JUSTICE, T. J. WATSON, THOMAS WEBSTER. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 11/21/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
52

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 51 Order on Motion for Preliminary Injunction,,,,,,, 50 Order by UNITED STATES DEPARTMENT OF JUSTICE. Fee Status: No Fee Paid. Parties have been notified. (Attachments: # 1 November 20, 2019 Order, # 2 November 20, 2019 Memorandum Opinion)(Lin, Jean) (Entered: 11/21/2019)

1 November 20, 2019 Order

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2 November 20, 2019 Memorandum Opinion

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Nov. 21, 2019

Nov. 21, 2019

RECAP
53

MOTION to Stay Preliminary Injunction Pending Appeal (This document relates to Bourgeois v. Dep't of Justice, 12-cv-782, Lee v. Barr, 19-cv-2559, and Purkey v. Barr, 19-cv-3214) by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Lin, Jean) (Entered: 11/21/2019)

1 Text of Proposed Order

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Nov. 21, 2019

Nov. 21, 2019

RECAP
54

AFFIDAVIT re 53 MOTION to Stay Preliminary Injunction Pending Appeal (This document relates to Bourgeois v. Dep't of Justice, 12-cv-782, Lee v. Barr, 19-cv-2559, and Purkey v. Barr, 19-cv-3214) (Declaration of Rick Winter) by UNITED STATES DEPARTMENT OF JUSTICE. (Lin, Jean) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

RECAP
55

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 52 Notice of Appeal to DC Circuit Court,. (ztd) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

RECAP
57

RESPONSE re 53 MOTION to Stay Preliminary Injunction Pending Appeal (This document relates to Bourgeois v. Dep't of Justice, 12-cv-782, Lee v. Barr, 19-cv-2559, and Purkey v. Barr, 19-cv-3214) filed by ALFRED BOURGEOIS, DUSTIN LEE HONKEN, DANIEL LEWIS LEE, WESLEY IRA PURKEY. (Smith, Arin) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

RECAP

MINUTE ORDER: Upon consideration of Defendants' 53 Motion to Stay, this court finds that Defendants are not likely to succeed on the merits of their appeal and that the balance of harms does not weigh in favor of a stay. Therefore, Defendants' 53 Motion to Stay is hereby DENIED. Signed by Judge Tanya S. Chutkan on 11/22/2019. (tsclc)

Nov. 22, 2019

Nov. 22, 2019

PACER

USCA Case Number 19-5322 for 52 Notice of Appeal to DC Circuit Court, filed by UNITED STATES DEPARTMENT OF JUSTICE. (zrdj)

Nov. 22, 2019

Nov. 22, 2019

PACER
58

Supplemental Record on Appeal transmitted to US Court of Appeals re Minute Order on Motion to Stay, ; (ztd) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

RECAP

MINUTE ORDER: This order relates to Lee (19cv2559). Denying without prejudice 32Motion for Leave to File Declarations given that the court did not rely on the declarations in ruling on the motion for preliminary injunction. Signed by Judge Tanya S. Chutkan on 12/04/19. (tsclc2)

Dec. 4, 2019

Dec. 4, 2019

PACER

.Order

Dec. 4, 2019

Dec. 4, 2019

PACER

MINUTE ORDER: This order relates to Lee (19cv2559). Denying without prejudice 32 Motion for Leave to File Declarations given that the court did not rely on the declarations in ruling on the motion for preliminary injunction. Signed by Judge Tanya S. Chutkan on 12/04/19. (tsclc2)

Dec. 4, 2019

Dec. 4, 2019

PACER

MINUTE ORDER: Status Conference scheduled for February 6, 2020 at 2:00 PM in Courtroom 9 before Judge Tanya S. Chutkan to discuss discovery, filing a consolidated amended complaint, and a case management plan. Signed by Judge Tanya S. Chutkan on 12/04/19. (tsclc2)

Dec. 4, 2019

Dec. 4, 2019

PACER
59

NOTICE of Appearance- Pro Bono by Evan D. Miller on behalf of BRUCE WEBSTER (Miller, Evan) (Entered: 12/05/2019)

Dec. 5, 2019

Dec. 5, 2019

RECAP

Minute Entry: Telephone Conference held on 12/6/2019 before Judge Tanya S. Chutkan. (Court Reporter Bryan Wayne) (tb)

Dec. 6, 2019

Dec. 6, 2019

PACER

Telephone Conference

Dec. 9, 2019

Dec. 9, 2019

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Jan. 22, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A number of death row prisoners.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

William P. Barr (District of Columbia), Federal

Case Details

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2019 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Disciplinary procedures

Death Penalty:

Lethal Injection - General