IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

Transcription

1 Case 2:11-cv WKW-TFM Document 241 Filed 03/18/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION THOMAS D. ARTHUR, Plaintiff, v. CASE NO. 2:11-cv-438-WKW (WO Do Not Publish WALTER MYERS, et al., Defendants. ORDER This court has seven 42 U.S.C lethal injection lawsuits currently pending before it, all at various stages of litigation: the instant case (filed June 8, 2011; Grayson v. Sharp, et al., 2:12-cv-316-WKW (filed April 6, 2012; Frazier v. Myers, et al., 2:13-cv-781-WKW (filed October 21, 2013; Boyd v. Myers, et al., 2:14-cv-1017-WKW (filed October 2, 2014; Roberts v. Myers, et al., 2:14-cv WKW (filed October 3, 2014; Myers v. Myers, et al., 2:14-cv-1029-WKW (filed October 3, 2014; and Hunt v. Myers, et al., 2:14-cv-1030-WKW (filed October 3, All of these cases present similar claims of the plaintiffs and defenses of the State. Three of these cases, Frazier, Boyd, and Roberts, have motions to set execution dates pending before the Alabama Supreme Court. 1 No motion to set an 1 On March 17, 2015, the State moved the Alabama Supreme Court to hold these motions in abeyance, but the Alabama Supreme Court has not yet ruled on these motions.

2 Case 2:11-cv WKW-TFM Document 241 Filed 03/18/15 Page 2 of 5 execution date was filed in Grayson, and execution dates were recently set by the Alabama Supreme Court in Hunt (April 16, 2015 and Myers (June 18, The February 19, 2015 execution date in this case was recently stayed pending a trial on May 5 6, 2015, and a final decision by the court. (Docs. # 219, 231. On March 17, 2015, the court held a joint telephone status conference in Frazier, Boyd, and Roberts. Counsel for those plaintiffs 2 and the State participated. Based upon the representations made by both the plaintiffs and the State at this conference, the court will sua sponte reconsider the State s Motion to Extend Deadlines and Amend Court s Scheduling Order (Doc. #232, which was filed on February 24, The court previously granted the State s motion in part, extending the deadlines for expert reports and discovery, but denied the motion to the extent the State sought a continuance of the May 5 6, 2015 final hearing. (Doc. # 235. The court will now reconsider whether a continuance of the final hearing is indeed appropriate. In its motion, the State raised five grounds for continuing the May 5 6, 2015 final hearing date, namely, (1 the State s expert needs additional time to produce a comprehensive expert report; (2 the State is actively seeking additional expert witnesses but some potential candidates have been dissuaded because of the quickly 2 Although Grayson, Hunt, and Myers were not technically part of the March 17, 2015 telephone conference, counsel for those plaintiffs participated in the conference, albeit indirectly, since Grayson, Hunt, and Myers are represented by the same counsel as Frazier and Roberts. 2

3 Case 2:11-cv WKW-TFM Document 241 Filed 03/18/15 Page 3 of 5 approaching hearing date; (3 the State will have difficulty completing multiple depositions in different states before the (then March 20, 2015 discovery deadline; (4 the Supreme Court s decision in Glossip v. Gross bears on many of the questions before the court; and (5 Arthur would not be prejudiced by the requested delay. The court has reconsidered the fourth ground for a continuance presented in the State s motion, and finds that it is in the interests of justice to continue the final hearing in this case until after the Supreme Court rules in Glossip v. Gross. As the State acknowledged, The questions presented in Glossip indicate the potential for a different Eighth Amendment legal landscape than the post-baze landscape in which defendants have been operating. (Doc. # 232, p. 4. The court agrees and further notes that the decision in Glossip will bear directly on the scope and type of discovery that is relevant and appropriate in this case. Oral argument in Glossip is scheduled for April 29, 2015, with a decision expected by the end of June. A delay of a few months will not prejudice Arthur given that his execution has been stayed until the court holds a final hearing and enters a thorough final decision on the merits of his claims. Moreover, Arthur s counsel did not object to the State s request for a continuance of the final hearing date when it was originally made. (Doc. # 234. A continuance of the final hearing date will also give the parties additional time to engage in appropriate discovery. Finally, the State has not opposed Hunt s and Myers s motions to stay their 3

4 Case 2:11-cv WKW-TFM Document 241 Filed 03/18/15 Page 4 of 5 executions in the Alabama Supreme Court, and further indicated at the March 17, 2015 telephone conference that, if the Alabama Supreme Court grants any of the other motions to set execution dates pending before it (i.e., in Frazier, Boyd, and/or Roberts, despite the State having filed motions to hold those motions to set execution dates in abeyance, the State will not oppose motions to stay those executions, whether before the Alabama Supreme Court or this court, until after the Supreme Court rules in Glossip. Thus, the State has conceded that the best course of action is to stay decisions on the lethal injection cases across the board until Glossip is decided. Accordingly, based on the foregoing, it is ORDERED as follows: 1. The May 5 6, 2015 final hearing is CONTINUED generally. 2. All pending motion and discovery deadlines are STAYED generally. 3. Within fourteen (14 days from the Supreme Court s decision in Glossip, the parties shall jointly, if possible, or individually, if not, file a statement or appropriate motion that informs the court of their respective positions on the issues in this case in view of the Glossip decision. 4

5 Case 2:11-cv WKW-TFM Document 241 Filed 03/18/15 Page 5 of 5 4. Arthur s Motion to Strike (Doc. # 236 and Motion to Compel Discovery (Doc. # 239 are DENIED with LEAVE TO REFILE following the Supreme Court s decision in Glossip. DONE this 18th day of March, /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 5