Case: Walker v. Johnson

DEMAND for Trial by Jury by Darick Demorris Walker. (tdai, ) (Entered: 08/10/2005)

Service attempted by waiver of service. Letter placed on left side of case file by Darick Demorris Walker. (tdai, ) (Entered: 08/10/2005)

PRISONER COMPLAINT against Gene M. Johnson, George M. Hinkle, William Page True, Jr. Filing fee $250.00, receipt number 300 79464., filed by Darick Demorris Walker.(tdai, ) (Entered: 08/10/2005)

MEMORANDUM ORDER that the plaintiff, a Virginia state inmate sentenced to death filed the present action under 42 U.S.C. Section 1983 challenging the proposed method of his execution by Virginia. In the Eastern District of Virginia, all new submissions by a prisoner are assigned to the same judge who presided over the inmate's prior actions. Walker's prior actions, including challenges to his sentence of death, are assigned to the Honorable Claude M. Hilton in the Alexandria Division. Accordingly, it is ORDERED that the action is hereby transferred to the United States District Court for the Eastern District of Virginia, Alexandria Division. The Clerk is directed to transfer all of the pleadings filed in this case and a copy of the docket sheet to the USDC, EDVA, Alexandria Division. Copies mailed: yes as directed. Signed by Judge Richard L. Williams on 8/11/05. (tdai, ) (Entered: 08/11/2005)

Case transferred in from Richmond Division. Case Number 3:05cv561. Case assigned to Judge Claude M. Hilton and Thomas Rawles Jones, Jr..(ctat, ) (Entered: 08/15/2005)

SCHEDULING ORDER: Initial Pretrial Conference set for 9/14/2005 10:00 AM before Magistrate Judge T. Rawles Jones, Jr. Final Pretrial Conference set for 12/15/2005 10:00 AM before Honorable District Claude M. Hilton. Discovery due by 12/9/2005.. Signed by Judge Claude M. Hilton on 09/01/05. (kbar, ) Modified text on 9/8/2005 (klau, ). (Entered: 09/02/2005)

Set Deadlines, Motion Hearing (on motion to dismiss) set for 10/28/2005 10:00 AM before District Judge Claude M. Hilton. (jwhe, ) (Entered: 09/15/2005)

Set/Reset Hearings: Initial Pretrial Conference set for 11/2/2005 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (jwhe, ) (Entered: 09/15/2005)

ORDER, upon a telephone conference call with both counsel; ORDERED that the FRCP 16(b)pretrial conference ordered to be held on September 14, 2005 at 10:00 a.m. is hereby continued to November 2, 2005, at 10:00 a.m. and the parties shall proceed on the following schedule: Counsel for Defts Johnson, Hinkle and Trus shall complete and return the waiver of service of summons by September 19, 2005; Counsel for Defts shall have until October 13, 2005, to file a motion to dismiss, if appropriate, and shall by overnight delivery service furnish to Pltfs counsel a copy; Counsel for Pltf shall have until October 21, 2005, to file a response thereto and shall, by overnight delivery service, furnish a copy thereof to counsel for defts; Counsel for Defts shall have until October 26, 2005, to file a reply thereto and shall, by overnight delivery service, furnish a copy thereof to counsel for Pltf; This matter is hereby set to be heard upon motions on October 28, 2005 at 10:00 a.m. Signed by Judge Thomas Rawles Jones Jr. on 9/14/05. Copies mailed; yes(jwhe, ) (Entered: 09/15/2005)

WAIVER OF SERVICE Returned Executed as to Gene M. Johnson waiver sent on 8/17/2005, answer due 10/17/2005; George M. Hinkle waiver sent on 8/17/2005, answer due 10/17/2005; William Page True, Jr waiver sent on 8/17/2005, answer due 10/17/2005. (jwhe, ) (Entered: 09/19/2005)

MOTION to Dismiss by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 10/12/2005)

Memorandum in Support of 6 MOTION to Dismiss filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 10/12/2005)

CONSENT MOTION for Leave for David P. Donovan to Withdraw as Counsel by Darick Demorris Walker. (jwhe, ) (Entered: 10/13/2005)

ORDER granting 8 Consent Motion for Leave for David P. Donovan to Withdraw as Counsel. Attorney David P. Donovan terminated . Signed by Judge Claude M. Hilton on 10/14/05. Copies mailed; 10/17/05 (jwhe, ) (Entered: 10/17/2005)

MOTION for Leave to File Memorandum of Points and Authorities in Opposition to Defendant's Motion to Dismiss One Day Out of Time by Darick Demorris Walker. (jwhe, ) (Entered: 10/24/2005)

DECLARATION of Eric R. Columbus in Support of 10 MOTION for Leave to File Memorandum of Points and Authorities in Opposition to Defendant's Motion to Dismiss One Day Out of Time . (jwhe, ) (Entered: 10/24/2005)

REPLY to Response to Motion re 6 MOTION to Dismiss filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (clar, ) (Entered: 10/27/2005)

ORDER for Pro hac vice of Hannah Anne Stires Ard Filing fee $ 50, receipt number 100 283763. Signed by Judge Claude M. Hilton on 10/26/05. Copies mailed; 10/28/05(jwhe, ) (Entered: 10/28/2005)

ORDER denying 6 Motion to Dismiss . Signed by Judge Claude M. Hilton on 10/28/05. (nhall, ) (Entered: 11/01/2005)

DISCOVERY PLAN pursuant to Rule 26(f) by Darick Demorris Walker, Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/01/2005)

Minute Entry for proceedings held before Judge Thomas Rawles Jones Jr.: Scheduling Conference held on 11/2/2005. Scheduling Conference set via phone for 11/9/2005 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. Appearance of counsel via phone. Matter discussed and continued for further action. (dtro, ) (Entered: 11/02/2005)

MOTION for Reconsideration of 14 Order dated 10/28/05 by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/09/2005)

Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that copies of all non-dispositive motions and all papers relating to such motions shall be delivered directly to the chambers of the undersigned magistrate judge when the originals are filed with the clerk (see order for details). Signed by Judge Thomas Rawles Jones Jr. on 11/9/05. Copies mailed; yes(jwhe, ) (Entered: 11/10/2005)

ANSWER to Complaint by Gene M. Johnson, George M. Hinkle, William Page True, Jr.(nhall, ) (Entered: 11/14/2005)

JOINT MOTION to Alter Mandatory Discovery Disclosures by Darick Demorris Walker, Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/16/2005)

Memorandum in Support of 16 MOTION for Reconsideration of 14 Order filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/16/2005)

JOINT MOTION for Briefing Schedule on Defendants' Motion for Reconsideration by Darick Demorris Walker, Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/17/2005)

CONSENT ORDER granting 19 Joint Motion to Alter Mandatory Discovery Disclosures and mandatory disclosures under FRCP 26(a)(2) will be governed according to the following schedule: January 3, 2006 - Submission of Rule 26(a)(2) Expert Disclosures by both parties, January 13, 2006 - Submission of Rule 26(a)(2) Rebuttal Expert Disclosures by both parties. Signed by Judge Thomas Rawles Jones Jr. on 11/17/05. Copies mailed; yes (jwhe, ) (Entered: 11/17/2005)

CONSENT ORDER granting 21 Joint Motion for Briefing Schedule on Defendants' Motion for Reconsideration and briefing will be governed according to the following schedule: November 23, 2005 - Plaintiff's Opposition to Defendants' Motion for Reconsideration, November 30, 2005 - Defendants' Reply in Support of Defendants' Motion for Reconsideration. Signed by Judge Claude M. Hilton on 11/17/05. Copies mailed; 11/17/05 (jwhe, ) (Entered: 11/17/2005)

MOTION for Certification as an Interlocutory Appeal by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/23/2005)

MOTION to Stay Pending Appeal by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/23/2005)

Memorandum in Support of 25 MOTION to Stay Pending Appeal, 24 MOTION for Certification as an Interlocutory Appeal filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/23/2005)

Memorandum in Opposition to 16 MOTION for Reconsideration re 14 Order on Motion to Dismiss filed by Darick Demorris Walker. (agil) (Entered: 11/25/2005)

MOTION for Protective Order pursuant to FRCP 26(C) by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/28/2005)

MOTION to file document Under Seal pursuant to Local R.5 by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/28/2005)

Memorandum in Support of 28 MOTION for Protective Order pursuant to FRCP 26(C), 29 MOTION to file document Under Seal pursuant to Local R.5 filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/28/2005)

NOTICE of Hearing on 28 MOTION for Protective Order pursuant to FRCP 26(C), 29 MOTION to file document Under Seal pursuant to Local R.5 (jwhe, ) (Entered: 11/28/2005)

NOTICE of Hearing on Motion 25 MOTION to Stay Pending Appeal, 24 MOTION for Certification as an Interlocutory Appeal: Motion Hearing set for 12/9/2005 10:00 AM before Honorable District Judge Claude M. Hilton (clar, ) (Entered: 11/30/2005)

Reply to 27 Opposition to Defendants' Motion to Reconsider filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (klau, ) (Entered: 11/30/2005)

MOTIONS [35] MOTION to Compel production of documents REFERRED to Judge Jones. (clar, ) (Entered: 12/05/2005)

Memorandum of points and authorities in Opposition to 25 MOTION to Stay Pending Appeal, 24 MOTION for Certification as an Interlocutory Appeal filed by Darick Demorris Walker. (clar, ) (Entered: 12/05/2005)

MOTION to Compel production of documents by Darick Demorris Walker. (clar, ) (Entered: 12/05/2005)

Memorandum in Support of 35 MOTION to Compel production of documents filed by Darick Demorris Walker. (clar, ) (Entered: 12/05/2005)

NOTICE of Hearing on Motion 35 MOTION to Compel production of documents: Motion Hearing set for 12/9/2005 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr.. (clar, ) (Entered: 12/05/2005)

Memorandum in Opposition to 28 MOTION for Protective Order pursuant to FRCP 26(C), 29 MOTION to file document Under Seal pursuant to Local R.5 filed by Darick Demorris Walker. (clar, ) (Entered: 12/06/2005)

Reply to 24 MOTION for Certification as an Interlocutory Appeal filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (clar, ) (Entered: 12/07/2005)

ORDER granting appearance Pro hac vice of Eric Randal Columbus Filing fee $ 50, receipt number 100 184618. Signed by Judge Claude M. Hilton on 12/8/05. (nhall, ) (Entered: 12/12/2005)

Minute Entry for proceedings held before Judge Thomas Rawles Jones Jr.: Motion Hearing held on 12/9/2005 re [29] MOTION to file document Under Seal pursuant to Local R.5 filed by George M. Hinkle,, Gene M. Johnson,, William Page True, Jr.. (Tape #FTR.) Appearance of counsel. Matter called, argued, and motion - granted. Order to be entered (dtro, ) (Entered: 12/14/2005)

Minute Entry for proceedings held before Judge Claude M. Hilton: Motion Hearing held on 12/9/2005 re [16] Dfts' MOTION for Reconsideration of [14] Order dated 10/28/05 - Argued and taken under advisement. [24] Dft's MOTION for Certification as an Interlocutory Appeal - Denied. [25] Dfts' MOTION to Stay Pending Appeal - Moot. Order to follow. (Court Reporter: Linnell) (tarm, ) (Entered: 12/14/2005)

ORDERED, for reasons stated from the bench, the court has found that the documents referred to as DOP 426 contains confidential and sensitive information which should not be made public; and that there are no available alternatives less drastic than sending the document. It is accordlingly, ORDERED that all copies and versions of DOP426 shall maintained UNDER SEAL until further order of the court. . Signed by Judge Thomas Rawles Jones Jr. on 12/09/2005. (dtro, ) (Entered: 12/14/2005)

PROTECTIVE ORDER re: handling and labeling of confidential materials (see order for details). Signed by Judge Thomas Rawles Jones Jr. on 12/9/05. Copies mailed; 12/15/05(jwhe, ) (Entered: 12/15/2005)

SECOND JOINT MOTION to alter mandatory discovery disclosures by Darick Demorris Walker, Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 12/14/2005)

DISCOVERY ORDER granting in part 35 Motion to Compel production of documents (see order for details). Signed by Judge Thomas Rawles Jones Jr. on 12/14/05. Copies mailed; yes (jwhe, ) (Entered: 12/15/2005)

ORDER granting 42 Second Joint MOTION to alter mandatory discovery disclosures: January 3, 2006 - Submission of Rule 26(a)(2) Expert Disclosures by both parties, January 3, 2006 - Submission of Rule 26(a)(2) Rebuttal Expert Disclosures by both parties, January 24, 2006 - Completion of expert depositions. Signed by Judge Thomas Rawles Jones Jr. on 12/16/05. Copies mailed; yes (jwhe, ) (Entered: 12/16/2005)

ORDERED that Defendants' 16 Motion for Reconsideration is granted in part, that Plaintiff's 1983 claim challenging the types of drugs used during the lethal injuction and the way in which those drugs are administered states a claim, and denied in part, that all of the other claims by Plaintiff fail to state a claim under 1983 and are DISMISSED, Furthermore, Defendants' 24 Motion for Certification as an Interlocutory Appeal and 25 Motion to Stay the Proceedings are DENIED . Signed by Judge Claude M. Hilton on 12/20/05. Copies mailed; 12/22/05 (jwhe, ) (Entered: 12/22/2005)

MOTIONS [47] Emergency MOTION for supplementary relief pursuant to Fed. R. Civ.P. 34 and Local Civil Rule 37(D) for failure to comply with court order REFERRED to Judge Jones. (clar, ) (Entered: 12/28/2005)

Emergency MOTION for supplementary relief pursuant to Fed. R. Civ.P. 34 and Local Civil Rule 37(D) for failure to comply with court order by Darick Demorris Walker (clar, ) (Entered: 12/28/2005)

Memorandum in Support of 47 Emergency MOTION for supplementary relief pursuant to Fed. R. Civ.P. 34 and Local Civil Rule 37(D) for failure to comply with court order filed by Darick Demorris Walker (clar, ) (Entered: 12/28/2005)

NOTICE of Hearing on Motion 47 Emergency MOTION for supplementary relief pursuant to Fed. R. Civ.P. 34 and Local Civil Rule 37(D) for failure to comply with court order: Motion Hearing set for 12/30/2005 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (clar, ) (Entered: 12/28/2005)

MOTIONS [50] MOTION to Compel production of documents REFERRED to Judge Jones (clar, ) (Entered: 01/03/2006)

MOTION to Compel production of documents by Darick Demorris Walker (clar, ) (Entered: 01/03/2006)

Memorandum in Support of 50 MOTION to Compel production of documents filed by Darick Demorris Walker (clar, ) (Entered: 01/03/2006)

NOTICE of Hearing on Motion 50 MOTION to Compel production of documents: Motion Hearing set for 1/6/2006 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (clar, ) (Entered: 01/03/2006)

Supplementary memorandum in support of pltf's emergency motion for supplementary relief pursuant to Fed. R. Civ. P. 37 and Local Civil Rule 37(D) for failure to comply with court order (styed as) (docketed as Withdraw of Motion) by Darick Demorris Walker (clar, ) (Entered: 01/03/2006)

Minute Entry for proceedings held before Judge Thomas Rawles Jones Jr.: Motion Hearing held on 1/6/2006 re [50] MOTION to Compel filed by Darick Demorris Walker,. (Tape #FTR.) Appearance of counsel. Matter called, argued and pltf's. motion to comple treated as a motion for leave to take further discovery - granted. Order to be entered. (dtro, ) (Entered: 01/06/2006)

ORDERED, that the pltf's motion, treated as a motion for leave to propound an interrogatory,is granted to the extent stated from the bench. Signed by Judge Thomas Rawles Jones Jr. on 01/06/2006. (dtro, ) (Entered: 01/06/2006)

MOTION to Quash by Office of the Chief Medical Examiner. (jwhe, ) (Entered: 01/09/2006)

MOTION in Opposition to 50 MOTION to Compel filed by Office of the Chief Medical Examiner. (jwhe, ) (Entered: 01/09/2006)

MOTIONS [57] MOTION for Protective Order REFERRED to Judge Jones. (jwhe, ) (Entered: 01/20/2006)

MOTION for Protective Order by Nevada Department of Corrections. (jwhe, ) (Entered: 01/18/2006)

MOTIONS [59] MOTION to Compel the Virginia Department of Corrections to comply with its obligations under Rule 30(b)(6), [60] MOTION to Compel the deposition of the Execution Team Leader REFERRED to Judge Jones. (jwhe, ) (Entered: 01/23/2006)

RESPONSE to 57 MOTION for Protective Order filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 01/20/2006)

MOTION to Compel the Virginia Department of Corrections to comply with its obligations under Rule 30(b)(6) by Darick Demorris Walker. (jwhe, ) (Entered: 01/23/2006)

MOTION to Compel the deposition of the Execution Team Leader by Darick Demorris Walker. (jwhe, ) (Entered: 01/23/2006)

Memorandum in Support of 59 MOTION to Compel the Virginia Department of Corrections to comply with its obligations under Rule 30(b)(6), 60 MOTION to Compel the deposition of the Execution Team Leader filed by Darick Demorris Walker. (LARGE PLEADING) (jwhe, ) (Entered: 01/23/2006)

NOTICE of Hearing on Motion 60 MOTION to Compel the deposition of the Execution Team Leader, 59 MOTION to Compel the Virginia Department of Corrections to comply with its obligations under Rule 30(b)(6): Motion Hearing set for 1/27/2006 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (jwhe, ) (Entered: 01/23/2006)

NOTICE of Appearance by William Eugene Thro on behalf of Nevada Department of Corrections (nmck, ) (Entered: 01/23/2006)

ORDER for Pro hac vice of Daniel Wong Filing fee $ 50, receipt number 100 185481. Signed by Judge Thomas Rawles Jones Jr. on 1/23/06. Copies mailed; 1/24/06(jwhe, ) (Entered: 01/24/2006)

ORDER granting 57 Motion for Protective Order . Signed by Judge Thomas Rawles Jones Jr. on 1/23/06. Copies mailed; yes (jwhe, ) (Entered: 01/24/2006)

TRANSCRIPT of Proceedings held on 12/9/05 before Judge Jones. Court Reporter: Norman B. Linnell. (nhall) (Entered: 01/24/2006)

MOTIONS [67] MOTION to Quash REFERRED to Judge Jones. (clar, ) (Entered: 01/26/2006)

MOTION to Quash by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (clar, ) (Entered: 01/26/2006)

Brief in Support of 67 MOTION to Quash filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (clar, ) (Entered: 01/26/2006)

NOTICE of Hearing on Motion 67 MOTION to Quash: Motion Hearing set for 1/27/2006 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (clar, ) (Entered: 01/26/2006)

MOTION for clarification of order dated 12/20/05 by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (clar, ) (Entered: 01/30/2006)

NOTICE of Hearing on Motion 71 MOTION for clarification of order dated 12/20/05: Motion Hearing set for 2/3/2006 10:00 AM before District Judge Claude M. Hilton (clar, ) (Entered: 01/30/2006)

Memorandum in Opposition to 67 MOTION to Quash filed by Darick Demorris Walker (clar, ) (Entered: 01/26/2006)

Minute Entry for proceedings held before Judge Thomas Rawles Jones Jr.: Motion Hearing held on 1/27/2006 re [59] MOTION to Compel filed by Darick Demorris Walker,, [60] MOTION to Compel filed by Darick Demorris Walker,, [67] MOTION to Quash filed by George M. Hinkle,, Gene M. Johnson,, William Page True, Jr.. (Tape #FTR.) Appearance of Counsel. Matter called, argued and motion to Quash treated as an opposition to pltf's motion - denied. Motion to compel- argued and granted. (dtro, ) (Entered: 02/01/2006)

ORDERED, for reasons stated from the bench, granting 59 Motion to Compel, granting 60 Motion to Compel, denying 67 Motion to Quash which is treated as an opposition to pltf's. motion. Signed by Judge Thomas Rawles Jones Jr. on 1/27/2006. (dtro, ) (Entered: 02/01/2006)

STIPULATION AND DISCOVERY ORDER; ther is good cause for the parties to extend the current expert discovery deadline, February 24, 2006, for the sole purpose of deposing one of Plaintiffs' experts who is out of the country until after the deadling, it is hereby ORDERED that: the defendants may take the deposition of Ms. Deborah Denno no later than the week o March 6, 2006 . Signed by Judge Thomas Rawles Jones Jr. on 1/27/06. Copies mailed; yes(jwhe, ) (Entered: 02/01/2006)

RESPONSE by Darick Demorris Walker to 71 MOTION by Gene M. Johnson, George M. Hinkle, William Page True, Jr. for clarification of order dated 12/20/05. (stas) (Entered: 02/01/2006)

Per CMH chambers motions set 2/3/06 on papers (clar, ) (Entered: 02/02/2006)

ORDER denying 71 Motion for clarification of order dated 12/20/05 . Signed by Judge Claude M. Hilton on 2/8/06. Copies mailed; 2/10/06 (jwhe, ) Additional attachment(s) added on 4/11/2006 (klau, ). (Entered: 02/10/2006)

Reset Deadlines: Discovery due by 2/24/2006. (jwhe, ) (Entered: 02/17/2006)

CONSENT ORDER that the Joint Motion is GRANTED and that fact discovery shall close on February 24, 2006. Discovery is extended for the limited purpose of deposing an additional witness . Signed by Judge Thomas Rawles Jones Jr. on 2/15/06. Copies mailed; 2/17/06(jwhe, ) (Entered: 02/17/2006)

MOTION to modify the protective and oral orders governing DOP 426 by Darick Demorris Walker. (clar, ) (Entered: 02/21/2006)

NOTICE of Hearing on Motion 78 MOTION to modify the protective and oral orders governing DOP 426: Motion Hearing set for 2/24/2006 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (clar, ) (Entered: 02/21/2006)

Response to 78 MOTION to modify the protective and oral orders governing DOP 426 filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (clar, ) (Entered: 02/22/2006)

Per TRJ chambers motions set for 2/24/06 on papers(clar, ) (Entered: 02/23/2006)

Reply Memorandum by Darick Demorris Walker in Support of 78 MOTION by Darick Demorris Walker to modify the protective and oral orders governing DOP 426. (stas) (Entered: 02/24/2006)