Case: Nooner v. Norris

Nooner v. Brain

COMPLAINT against all defendants filed by Terrick Terrell Nooner; summonses issued and returned to counsel(jap) (Entered: 05/02/2006)

APPLICATION for Leave to Appear purs to Local Rule 83.5(d) by Julie Brain (jap) (Entered: 05/02/2006)

MOTION to Intervene by Don William Davis. (vjt) (Entered: 05/05/2006)

SUMMONS Returned Executed. John Byus served on 5/3/2006, answer due 5/23/2006. (bkp, ) (MODIFICATION: Docket text modified on 5/8/2006 to correct the name of the party served.) (thd) (Entered: 05/08/2006)

SUMMONS Returned Executed. Larry Norris served on 5/3/2006, answer due 5/23/2006. (bkp, ) (Entered: 05/08/2006)

SUMMONS Returned Executed. Gaylon Lay served on 5/4/2006, answer due 5/24/2006. (bkp, ) (Entered: 05/08/2006)

SUMMONS Returned Executed. Wendy Kelly served on 5/3/2006, answer due 5/23/2006. (bkp, ) (Entered: 05/08/2006)

***Answer Deadline set for Terrick Nooner terminated. (bfw) (Entered: 05/08/2006)

Set/Reset Deadlines: John Byus answer due 5/23/2006. (bfw) (Entered: 05/08/2006)

CERTIFICATE OF MAILING by the Clerk re Notice of Docket Correction. (thd) (Entered: 05/08/2006)

NOTICE OF DOCKET CORRECTION re: 4 Summons Returned Executed. CORRECTION: Docket text modified to reflect the correct party served as Defendant John Byus. (thd) (Entered: 05/08/2006)

RESPONSE to Motion re 3 MOTION to Intervene filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does. (Svoboda, Joseph) (Entered: 05/15/2006)

Notice of Appearance by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does. (Hagemeier, Mark) (Modified entry on 5/16/2006 to correct text − incorrectly filed as a motion) (bfw). (Entered: 05/15/2006)

***Attorney Mark Arnold Hagemeier for Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, and all other unnamed employees and agents of the Arkansas

NOTICE OF DOCKET CORRECTION: 10 MOTION for Leave to Appear Notice of Appearance − (modified entry incorrectly filed as a motion to correct text to Notice of Appearance) (bfw) (Entered: 05/16/2006)

ORDER directing plaintiff to, within 30 days of the entry date of this order, submit either an application requesting leave to proceed ifp or the $350 filing fee in full; and granting 2 Motion for Leave to Appear of Julie Brain. Signed by Judge John F. Forster Jr. on 5/17/06. (bkp, ) (Entered: 05/17/2006)

CERTIFICATE OF MAILING by the Clerk re 11 Order on Motion for Leave to Appear, (bkp, ) (Entered: 05/17/2006)

MOTION to Dismiss by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does. (Svoboda, Joseph) (Entered: 05/19/2006)

BRIEF IN SUPPORT filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does re 1 Complaint Brief in Support of Motion to Dismiss . (Svoboda, Joseph) (Entered: 05/19/2006)

ORDER re 3 Motion to Intervene, Don William Davis is hereby granted leave to intervene as a plaintiff in this action . Signed by Judge Susan Webber Wright on 5/26/06. (vjt) (Entered: 05/26/2006)

CERTIFICATE OF MAILING by the Clerk re 15 Order on Motion to Intervene (vjt) (Entered: 05/26/2006)

ORDER that the referral to the Magistrate Judge in this matter should be terminated. Signed by Judge Susan Webber Wright on 5/30/06. (vjt) (Entered: 05/31/2006)

Judge John F. Forster, Jr no longer assigned to case per Order 17 . (vjt) (Entered: 05/31/2006)

CERTIFICATE OF MAILING by the Clerk re 17 Order (vjt) (Entered: 05/31/2006)

MOTION for Leave to Proceed in forma pauperis by Terrick Terrell Nooner. (Brain, Julie) (Entered: 05/31/2006)

RESPONSE in Opposition re 13 MOTION to Dismiss filed by Terrick Terrell Nooner. (Brain, Julie) (Entered: 06/02/2006)

MOTION for Preliminary Injunction by Don William Davis. (Attachments: # 1 Exhibit 1−ADC Admn Directive 96−06# 2 Exhibit 2−Newspaper article 3−5−83 "Pharmacy Dean resents role"# 3 Exhibit 3−Newspaper Article 3−12−83 "May Not Sign Injection Bill"# 4 Exhibit 4−Newspaper article 5−15−83 "Sponsor Recalls Lethal Injection Bill"# 5 Exhibit Newspaper Article 3−26−83 Clinton Signs Injection Bill# 6 Exhibit 6A# 7 Exhibit 6−B# 8 Exhibit 6−C# 9 Exhibit 6−D# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10# 14 Exhibit 11# 15 Exhibit 12# 16 Exhibit 13# 17 Exhibit 14# 18 Exhibit 15# 19 Exhibit 16# 20 Exhibit 17# 21 Exhibit 18# 22 Exhibit 19# 23 Exhibit 20# 24 Exhibit 21# 25 Exhibit 22# 26 Exhibit 23# 27 Exhibit 24# 28 Exhibit 25# 29 Exhibit 26# 30 Errata 27# 31 Exhibit 28# 32 Exhibit 29# 33 Exhibit 30# 34 Exhibit 31# 35 Exhibit 32# 36 Exhibit 33# 37 Exhibit 34# 38 Exhibit 35# 39 Exhibit 36# 40 Exhibit 37# 41 Exhibit 38# 42 Exhibit 39# 43 Exhibit 40# 44 Exhibit 41# 45 Exhibit 42# 46 Exhibit 43# 47 Exhibit 44# 48 Exhibit 45# 49 Exhibit 46# 50 Exhibit 47# 51 Exhibit 48# 52 Exhibit 49# 53 Exhibit INDEX)(Schay, E.) (Entered: 06/12/2006)

MOTION for Leave to Proceed in forma pauperis filed by Don William Davis. (pag, )(copy mailed) (Entered: 06/13/2006)

ORDER denying 13 Defts' Motion to Dismiss . Signed by Judge Susan Webber Wright on 6/19/06. (vjt) (Entered: 06/19/2006)

CERTIFICATE OF MAILING by the Clerk re 24 Order on Motion to Dismiss (vjt) (Entered: 06/19/2006)

ORDER Directing Monthly Payments be made from Prison Accounts of Terrick Nooner and Don William Davis until the $350 filing fee is paid in full; granting motions for leave to proceed ifp 19 22 ; the Court assesses an initial partial filing fee of $11.87 for Nooner and $75.74 for Davis. Signed by Judge Susan Webber Wright on 6/19/06. (vjt) (Entered: 06/20/2006)

CERTIFICATE OF MAILING by the Clerk re 26 Order Directing Prisoner Payment, Terminate Motions (copy of Order forwarded to Warden−Varner Supermax, ADC Compliance Office and ADC Trust Fund Office) (vjt) (Entered: 06/20/2006)

RESPONSE to Motion re 21 MOTION for Preliminary Injunction filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does. (Attachments: # 1 Defendant's Exhibit A)(Svoboda, Joseph) (Entered: 06/22/2006)

ORDER granting 21 Davis's motion for preliminary injunction; IT IS HEREBY ORDERED that the State of Arkansas is STAYED from implementing an order for the execution of Don William Davis until further notice from this Court; the Court will attempt to set an expedited hearing, depending on the schedules of the involved parties. Signed by Judge Susan Webber Wright on 6/26/06. (vjt) (Entered: 06/26/2006)

CERTIFICATE OF MAILING by the Clerk re 29 Order on Motion for Preliminary Injunction (vjt) (Entered: 06/26/2006)

NOTICE OF AMENDMENT AND CORRECTION TO ORDER 29 ENTERED June 26, 2006, the footnote contains an error. (vjt) (Entered: 06/27/2006)

CERTIFICATE OF MAILING by the Clerk re 31 Notice of Amendment and Correction (vjt) (Entered: 06/27/2006)

NOTICE OF APPEAL as to 29 Order on Motion for Preliminary Injunction, by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does. Filing fee $ 455, receipt number 001369. (dac, ) (Entered: 06/30/2006)

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 33 Notice of Appeal, 29 Order on Motion for Preliminary Injunction. (dac, ) (Entered: 06/30/2006)

CERTIFICATE OF MAILING by the Clerk re 33 Notice of Appeal, 34 Notification of Appeal and NOA Supplement (dac, ) (Entered: 06/30/2006)

USCA Docketing Letter as to 33 Notice of Appeal filed by John Byus, Gaylon Lay, Larry Norris, Does, Wendy Kelly. USCA Case Number 06−2748 (dac, ) (Entered: 06/30/2006)

*** COA BATCH RECEIPT of Notice of Appeal and related supporting documents sent on: Fri Jun 30 13:27:46 CDT 2006 (dac, ) (Entered: 06/30/2006)

ANSWER to Complaint by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does.(Svoboda, Joseph) (Entered: 07/05/2006)

ORDER advising pltf Nooner that if he wishes to pursue claims in addition to those at issue in this action, he must file a separate lawsuit. Signed by Judge Susan Webber Wright on 8/8/06. (vjt) (Entered: 08/08/2006)

CERTIFICATE OF MAILING by the Clerk re 38 Order (vjt) (Entered: 08/08/2006)

***Party Jack Harold Jones, Jr rep by Dale E. Adams &Jeffrey M. Rosenzweig added. (smb) (Entered: 11/22/2006)

RESPONSE to Motion re 40 MOTION to Intervene filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does. (Svoboda, Joseph) (Entered: 11/29/2006)

ORDER granting 40 Motion to Intervene of Jack Harold Jones, Jr. Signed by Judge Susan Webber Wright on 12/1/06. (dac, ) (Entered: 12/01/2006)

CERTIFICATE OF MAILING by the Clerk re 42 Order on Motion to Intervene (dac, ) (Entered: 12/01/2006)

***Party Jack Harold Jones, Jr rep by Dale E. Adams, Jeffrey M. Rosenzweig added. Party Jack Harold Jones, Jr terminated. (dac, ) (Entered: 12/01/2006)

ORDER, Clerk is directed to return to Plaintiff Nooner without docketing his "Motion of Amended Civil Action". Signed by Judge Susan Webber Wright on 12/13/06. (dac, ) (Entered: 12/13/2006)

CERTIFICATE OF MAILING by the Clerk re 44 Order (dac, ) (Entered: 12/13/2006)

MOTION (pro se) of Voluntary Dismissal by Terrick Terrell Nooner. (dac, ) (Modified entry on 12/15/2006 to attach correct document − motion &notice combined as one document at the direction of chambers) (bfw). (Entered: 12/15/2006)

NOTICE OF DOCKET CORRECTION: 46 MOTION to Dismiss − (modified entry to attach correct document; motion &notice combined at the direction of chambers) (copy of document attached hereto for service on counsel) (bfw) (Entered: 12/15/2006)

CERTIFICATE OF MAILING by the Clerk re 47 Notice of Docket Correction, 46 MOTION to Dismiss (dac, ) (Entered: 12/15/2006)

ORDER Julie Brian, FPD is directed to respond within 15 days from the entry date of this order to Nooner's 46 Motion to Dismiss . Signed by Judge Susan Webber Wright on 12/15/06 (dac, ) (Entered: 12/18/2006)

CERTIFICATE OF MAILING by the Clerk re 49 Order on Motion to Dismiss (dac, ) (Entered: 12/18/2006)

MOTION to Substitute Attorney C. Joseph Cordi, Jr., in place of Mark Hagemeier by all Defendants by Larry Norris. (Cordi, C.) (Entered: 01/02/2007)

RESPONSE to Motion re 46 MOTION to Dismiss filed by Terrick Terrell Nooner. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Brain, Julie) (Entered: 01/03/2007)

ORDER granting 51 Motion to Substitute Attorney. Added attorney C. Joseph Cordi, Jr for Gaylon Lay and Wendy Kelly. Attorney Mark Arnold Hagemeier terminated . Signed by Judge Susan Webber Wright on 1/4/07. (dac, ) (Entered: 01/04/2007)

CERTIFICATE OF MAILING by the Clerk re 53 Order on Motion to Substitute Attorney (dac, ) (Entered: 01/04/2007)

***Set/Clear Flags (pag, ) (Entered: 01/04/2007)

AMENDED MOTION to Voluntary Dismiss by Terrick Terrell Nooner (copy mailed) (dac) (Entered: 03/27/2007)

ORDER, defendant's counsel is directed to file a response to Nooner's 46 motion for voluntary dismissal and Nooner's 55 amended motion for voluntary dismissal within 15 days from the entry date of this order. Signed by Judge Susan Webber Wright on 3/27/07. (dac) (Entered: 03/27/2007)

AMENDMENT TO MOTION to Dismiss by Terrick Terrell Nooner (dac) (Entered: 04/05/2007)

REPLY to Response to Motion re 59 MOTION to Dismiss Pro Se Filings filed by Terrick Terrell Nooner. (Brain, Julie) (Entered: 04/18/2007)

ORDER denying 46 Motion to Dismiss 55 Motion to Dismiss 59 Motion to Dismiss. Signed by Judge Susan Webber Wright on 5/7/07. (dac)

OPINION of USCA, because the district court failed to apply the correct legal standard, we reverse the district court's grant of a preliminary injunction, and we vacate the stay of execution it issued in this case, as to 33 Notice of Appeal filed by Does, Larry Norris, Wendy Kelly, Gaylon Lay, John Byus. (dac) (Entered: 07/09/2007)

USCA JUDGMENT as to 33 Notice of Appeal filed by Does, Larry Norris, Wendy Kelly, Gaylon Lay, John Byus. Judgment of the district court is reversed and the stay of execution is vacated in accordance with the opinion of this court (dac) (Entered: 07/09/2007)

MOTION for Discovery Expedited by Terrick Terrell Nooner (Brain, Julie) (Entered: 07/10/2007)

MOTION to Shorten Time for Response to Motion for Expedited Discovery by Terrick Terrell Nooner (Brain, Julie) (Entered: 07/11/2007)

RESPONSE to Motion re 68 MOTION to Shorten Time for Response to Motion for Expedited Discovery filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus. (Cordi, C.) (Entered: 07/11/2007)

Amended MOTION for Discovery Expedited by Terrick Terrell Nooner (Brain, Julie) (Entered: 07/12/2007)

ORDER granting in part 68 Motion to Shorten Time for Defendants' to Respond to Motion for Expedited Discovery. Defendants have up to and including 7/17/07 to file a response.Signed by Judge Susan Webber Wright on 7/16/07. (dac) (Entered: 07/16/2007)

MOTION for Summary Judgment by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus (Cordi, C.) (Entered: 07/17/2007)

STATEMENT OF FACTS (Local Rule 56.1) re 73 Motion for Summary Judgment filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus. (Attachments: # 1 Declaration of Larry Norris# 2 Exhibit A to Declaration of Larry Norris# 3 Declaration of Dr. Mark Dershwitz)(Cordi, C.) (Entered: 07/17/2007)

BRIEF IN SUPPORT filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus re 73 Motion for Summary Judgment (Cordi, C.) (Entered: 07/17/2007)

RESPONSE to Motion re 67 MOTION for Discovery Expedited , 70 Amended MOTION for Discovery Expedited filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus. (Attachments: # 1 Exhibit A, Nooner's Request for Production of Documents# 2 Exhibit B, Nooner's Interrogatories to Defendants)(Cordi, C.) (Entered: 07/17/2007)

DECLARATION (Substituted) of Larry Norris bearing his signature by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus. re 74 Statement of Facts (Local Rule 56.1), Statement of Facts (Local Rule 56.1) filed by Larry Norris, Wendy Kelly, Gaylon Lay, John Byus (Cordi, C.) (Entered: 07/17/2007)

MOTION to Consolidate Cases by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus (Attachments: # 1 Notice of Related Case Filed in Williams v. Norris, 5:07cv173 WRW/HDY)(Cordi, C.) (Entered: 07/23/2007)

BRIEF IN SUPPORT filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus re 78 Motion to Consolidate Cases (Cordi, C.) (Entered: 07/23/2007)

STATEMENT OF FACTS (Local Rule 56.1) re 80 Response in Opposition to Motion For Summary Judgment filed by Terrick Terrell Nooner. (Attachments: # 1 Exhibit Index)(Brain, Julie) (Entered: 07/30/2007)

EXHIBITS 1 − 50 to 81 Statement of Facts (Local Rule 56.1) filed by plaintiffs. (available in 2 spiral binders, PAPER FORMAT ONLY) (dac) (Entered: 07/31/2007)

REPLY to Response to Motion re 67 MOTION for Discovery Expedited filed by Terrick Terrell Nooner. (Brain, Julie) (Entered: 08/01/2007)

RESPONSE in Opposition re 78 MOTION to Consolidate Cases By Frank Williams filed by Terrick Terrell Nooner. (Brain, Julie) (Entered: 08/03/2007)

REPLY to Response to Motion re 73 MOTION for Summary Judgment filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus. (Cordi, C.) (Entered: 08/03/2007)

NOTICE of Appearance by Kelly K. Hill on behalf of all defendants (Hill, Kelly) (Entered: 08/06/2007)

MOTION for Preliminary Injunction or Stay of Execution by Terrick Terrell Nooner (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Brain, Julie) (Entered: 08/08/2007)

ORDER DENYING 67 70 Motion for Discovery; GRANTING 78 Motion to Consolidate Cases. The Clerk of the Court is directed to consolidate Williams v. Norris, 5:07cv00173 WRW with this case, Nooner v. Norris, 5:06cv00110 SWW. The parties are advised that all future motions, pleadings, orders and other filings in the consolidated cases will be filed in the LEAD CASE, 5:06CV00110. Signed by Judge Susan Webber Wright on 8/9/07. (dac)

MOTION for Order to Cease Collecting Filing Fee and to Remit Fee Already Collected by Frank Williams by Terrick Terrell Nooner (Brain, Julie) (Entered: 08/22/2007)

RESPONSE in Opposition re 87 MOTION for Preliminary Injunction or Stay of Execution filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus. (Cordi, C.) (Entered: 08/22/2007)

REPLY to Response to Motion re 87 MOTION for Preliminary Injunction or Stay of Execution filed by Terrick Terrell Nooner. (Brain, Julie) (Entered: 08/28/2007)

MOTION to Stay Execution or for Preliminary Injunction by Jack Harold Jones, Jr (Rosenzweig, Jeffrey) (Entered: 09/04/2007)

ORDER denying 87 Motion for Preliminary Injunction; denying 92 Motion to Stay. Signed by Judge Susan Webber Wright on 9/11/07. (dac)

ORDER of USCA the petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied as to 33 Notice of Appeal filed by Does, Larry Norris, Wendy Kelly, Gaylon Lay, John Byus (dac) (Entered: 09/13/2007)

NOTICE OF APPEAL as to 93 Order on Motion for Preliminary Injunction, Order on Motion to Stay by Jack Harold Jones, Jr. (Rosenzweig, Jeffrey) (Entered: 09/18/2007)

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 95 Notice of Appeal, 93 Order on Motion for Preliminary Injunction, Order on Motion to Stay. (dac) (Entered: 09/19/2007)

NOTICE OF APPEAL as to 93 Order on Motion for Preliminary Injunction, Order on Motion to Stay by Terrick Terrell Nooner. (Brain, Julie) (Entered: 09/19/2007)

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 97 Notice of Appeal, 93 Order on Motion for Preliminary Injunction, Order on Motion to Stay. (dac) (Entered: 09/19/2007)

ORDER of USCA appellant's motion to stay the mandate is denied as to 33 Notice of Appeal filed by Does, Larry Norris, Wendy Kelly, Gaylon Lay, John Byus (dac) (Entered: 09/19/2007)