Case: Evans v. Saar

1:06-cv-00149 | U.S. District Court for the District of Maryland

Filed Date: Jan. 19, 2006

Closed Date: 2012

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Case Summary

On January 19, 2006, a death-sentenced inmate of the Maryland Correctional Adjustment Center in Baltimore, Maryland filed a lawsuit under 42 U.S.C. § 1983 against the Maryland Department of Correction in the U.S. District Court for the District of Maryland. The plaintiff, whose execution was scheduled to take place during the week of February 6, 2006, sought a temporary restraining order and a preliminary injunction enjoining the defendants from carrying out his execution using their current practices and procedures for lethal injection. The plaintiff's specific objection was to the three-drug cocktail (sodium pentothal, pancuronium bromide, and potassium chloride) used in Maryland's lethal injections. He alleged that particular skill was required to properly administer sodium pentothal, which was intended to induce general anesthesia, and that improper administration of the drug would lead to excruciating, torturous pain during the administration of the other two drugs. Due to this, the plaintiff argued that the defendants' lethal injection procedures arbitrarily and unnecessarily created a grave risk that he would suffer extreme pain during his execution, thus violating his rights under the Eighth and Fourteenth Amendments.

The next day, the plaintiff filed a similar complaint in the Circuit Court for Baltimore City, naming as co-plaintiffs the National Association for the Advancement of Colored People (NAACP), the American Civil Liberties Union Foundation of Maryland (ACLU), and the Maryland Citizens Against State Executions (MCASE). In this complaint, the plaintiffs alleged that the defendants had failed to follow Maryland law (Md. Code Ann., State Gov't §3-905) in adopting their execution protocol because it had not been formally adopted under the Maryland Administrative Procedure Act (MAPA), thereby depriving the state's citizens of the opportunity to ensure that executions were carried out in a proper and humane manner and increasing the risk that the executed prisoners would suffer unnecessarily during their executions. They asked the court to issue a temporary restraining order and to enjoin the defendants from performing any executions until they had come into compliance with the law.

On February 1, 2006, the U.S. District Court for the District of Maryland (Judge Benson Everett Legg) denied both the plaintiff's motion for a temporary restraining order and his motion for a preliminary injunction, finding that Maryland's three-drug protocol did not endanger the plaintiff's constitutional rights. The court reasoned that thirty-five of the thirty-seven states who used lethal injection as a means of execution used the same protocol as Maryland, and that the Fourth Circuit had already ruled that this protocol did not run afoul of the Eighth Amendment's prohibition of cruel and unusual punishment.

The plaintiff appealed the following day, asking the District Court to stay the execution pending the outcome of the appeal. On the same day, the District Court (Judge Legg) denied the request to stay the execution. On February 3, 2006, the U.S. Court of Appeals for the Fourth Circuit (Judge James Harvie Wilkinson III) denied without opinion the plaintiff's motion for an injunction pending appeal.

On February 13, the plaintiff asked the Fourth Circuit to dismiss the appeal, and on February 15, 2006, the Fourth Circuit (Judge Wilkinson) granted that motion.

From September 19-22, 2006, the U.S. District Court held an evidentiary hearing, and both sides filed motions for summary judgment. On December 1, 2006, the District Court ordered the defendants to explore the potential availability of surgeons, anesthesiologists, and certified registered nurse anesthetists to assist in the execution. On December 7, 2006, the Court ordered the defendants to submit a written plan describing the parameters of a proposed search.

Meanwhile, on December 19, 2006, the Maryland Court of Appeals invalidated the Maryland execution protocols until such time as they were properly adopted under the MAPA or exempted from that requirement by an act of the Maryland General Assembly. The court enjoined the defendants from utilizing its current lethal injection protocol and checklist until one of these two events occurred. Evans v. Saar, 396 Md. 256 (Md. Ct. App. 2006).

On January 29, 2007, Senate Bill 239 was introduced in the Maryland General Assembly and assigned to committee. If adopted that bill would exempt the death penalty protocols from the requirements of the MAPA. On the same day, House Bill 225 was introduced in the Maryland General Assembly and assigned to committee. If adopted, that bill would repeal the death penalty in Maryland. In light of these rapid changes, the parties issued a joint motion asking the District Court to stay the proceedings in this case until the passage of one of the two proposed bills in the legislature. On February 21, 2007, the District Court agreed to stay the proceedings pending the outcome of the legislation and ordered the parties to file a status report every 90 days.

On March 14, 2011, the parties filed a joint status report pursuant to the Court's order of February 22, 2007. The status report stated that all executions in Maryland had been stayed until the administrative regulations governing the death penalty process are properly adopted. On August 16, 2012 the Court ordered that the case be administratively closed. Subsequently, in May 2013, the Maryland legislature repealed the death penalty for all future convictions, and in December 2014 Governor O'Malley commuted the death sentences of the four remaining death-row inmates to life without the possibility of parole.

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Summary Authors

Xin Chen (3/19/2012)

Anna Jones (3/14/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4639700/parties/evans-v-saar/

Judge(s)

Attorney for Plaintiff

Clark, Kalea Seitz (District of Columbia)

Dietrich, Julie S. (District of Columbia)

Geraghty, Anne H. (District of Columbia)

Attorney for Defendant

Curran, John Joseph Jr. (Maryland)

Gansler, Douglas F. (Maryland)

Judge(s)

Legg, Benson Everett (Maryland)

Shaffer, Denise Oakes (Maryland)

Wilkinson, James Harvie III (Virginia)

Wilner, Alan M. (Maryland)

Attorney for Plaintiff

Clark, Kalea Seitz (District of Columbia)

Dietrich, Julie S. (District of Columbia)

Geraghty, Anne H. (District of Columbia)

Hut, A. Stephen Jr. (District of Columbia)

Jr, A Stephen (Maryland)

O'Toole , Jeffrey (District of Columbia)

Tindall , Anne Harden (District of Columbia)

Wood, Stephanie Katherine (District of Columbia)

Zubler, Todd (District of Columbia)

Attorney for Defendant

Curran, John Joseph Jr. (Maryland)

Gansler, Douglas F. (Maryland)

Jr, J Joseph (Maryland)

Mullally, Laura (Maryland)

Oakley, Scott S (Maryland)

Pickus, Philip M. (Maryland)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:06-cv-00149	Federal District Court Docket	Aug. 16, 2012	Aug. 16, 2012 Docket
06-00001	Fourth Circuit Docket U.S. Court of Appeals for the Fourth Circuit	Aug. 16, 2012	Aug. 16, 2012 Docket
1 1:06-cv-00149	District Court Complaint	Jan. 19, 2006	Jan. 19, 2006 Complaint
1:06-cv-00149	Complaint filed in Baltimore City Circuit Court NAACP v. Saar Maryland state trial court	Jan. 20, 2006	Jan. 20, 2006 Complaint
4-4 1:06-cv-00149	Memorandum in Support of TRO and Preliminary Injunction	Jan. 20, 2006	Jan. 20, 2006 Pleading / Motion / Brief
1:06-cv-00149	Memorandum in Support of TRO and Preliminary Injunction NAACP v. Saar Maryland state trial court	Jan. 20, 2006	Jan. 20, 2006 Pleading / Motion / Brief
29 1:06-cv-00149	Plaintiff's Reply to Defendant's Memo in Opposition to Temporary Injunction	Jan. 26, 2006	Jan. 26, 2006 Pleading / Motion / Brief
1:06-cv-00149	Supplemental Reply	Jan. 26, 2006	Jan. 26, 2006 Pleading / Motion / Brief
36 1:06-cv-00149	Memorandum Opinion	Feb. 1, 2006	Feb. 1, 2006 Order/Opinion 412 F.Supp.2d 519
49 1:06-cv-00149	Order	Feb. 2, 2006	Feb. 2, 2006 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4639700/evans-v-saar/

Last updated Nov. 19, 2025, 9:05 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT For Injunctive and Declaratory Relief against Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker, John Does ( Filing fee $ 250 receipt number 14637006754.), filed by Vernon Evans, Jr. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) Modified on 1/19/2006 (raf, Deputy Clerk). (Entered: 01/19/2006)	Jan. 19, 2006	Jan. 19, 2006
2	(FILED IN ERROR )Summons Issued 20 days as to Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. (raf, Deputy Clerk) Modified on 1/19/2006 (raf, Deputy Clerk). (Entered: 01/19/2006)	Jan. 19, 2006	Jan. 19, 2006
3	Summons Issued 20 days as to Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. (raf, Deputy Clerk) (Entered: 01/19/2006)	Jan. 19, 2006	Jan. 19, 2006
4	MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Vernon Evans, Jr. (Attachments: # 1 Proposed Order for Preliminary Injunction # 2 Application for TRO# 3 Proposed Order for TRO# 4 Memorandum in support for TRO and Preliminary Injunction# 5 Index of Exhibits# 6 Declaration of Tindall# 7 Exhibit A1# 8 Exhibit A2# 9 Exhibit A3# 10 Exhibit A4# 11 Exhibit A5# 12 Exhibit A6# 13 Exhibit A7# 14 Exhibit A8# 15 Exhibit 9# 16Exhibit B Declaration of Heath)(eg, Deputy Clerk) (Entered: 01/20/2006)	Jan. 20, 2006	Jan. 20, 2006
5	Correspondence from Clerk re: "ECF" warning letter to counsel. (eg, Deputy Clerk) (Entered: 01/20/2006)	Jan. 20, 2006	Jan. 20, 2006
	Telephone Conference held on 1/20/2006 held before Chief Judge Benson Everett Legg. (Recorded on Tape) (kam, Deputy Clerk)	Jan. 20, 2006	Jan. 20, 2006
6	AFFIDAVIT of Service for Complaint served on Mary Ann Saar, Assistant Attorney General on 01/19/2006, filed by Vernon Evans, Jr. (O Toole, Jeffrey) Modified on 1/23/2006 (eg, Deputy Clerk). (Entered: 01/23/2006)	Jan. 23, 2006	Jan. 23, 2006
7	AFFIDAVIT of Service for Complaint served on Frank C. Sizer, Jr., Assistant Attorney General on 01/19/2006, filed by Vernon Evans, Jr. (O Toole, Jeffrey) Modified on 1/23/2006 (eg, Deputy Clerk). (Entered: 01/23/2006)	Jan. 23, 2006	Jan. 23, 2006
8	AFFIDAVIT of Service for Complaint served on Lehrman Dotson, Assistant Attorney General on 01/19/2006, filed by Vernon Evans, Jr. (O Toole, Jeffrey) Modified on 1/23/2006 (eg, Deputy Clerk). (Entered: 01/23/2006)	Jan. 23, 2006	Jan. 23, 2006
9	AFFIDAVIT of Service for Complaint served on Gary Hornbaker, Assistant Attorney General on 01/19/2006, filed by Vernon Evans, Jr. (O Toole, Jeffrey) Modified on 1/23/2006 (eg, Deputy Clerk). (Entered: 01/23/2006)	Jan. 23, 2006	Jan. 23, 2006
10	NOTICE of Appearance by Scott S Oakley on behalf of Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker (Oakley, Scott) (Entered: 01/24/2006)	Jan. 24, 2006	Jan. 24, 2006
11	Status Report Submitted Concerning Hearing of 1-24-06 by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker (Attachments: # 1 Letter of A. Stephen Hut, Esq.# 2 Memorandum Opinion (Quarles, J.), Baker v. Saar)(Oakley, Scott) (Entered: 01/24/2006)	Jan. 24, 2006	Jan. 24, 2006
12	MOTION for Todd Zubler to Appear Pro Hac Vice for Vernon Evans, Jr. (cag, Deputy Clerk) (Entered: 01/24/2006)	Jan. 24, 2006	Jan. 24, 2006
13	MARGINAL ORDER granting 12 Motion for Todd Zubler to Appear Pro Hac Vice. Signed by the clerk on 1/24/06. (Fee paid - for document #13 see #12) (cag, Deputy Clerk) (Entered: 01/24/2006)	Jan. 24, 2006	Jan. 24, 2006
14	MOTION for A. Stephen Hut, Jr. to Appear Pro Hac Vice for Vernon Evans, Jr. (cag, Deputy Clerk) (Entered: 01/24/2006)	Jan. 24, 2006	Jan. 24, 2006
15	MARGINAL ORDER granting 14 Motion for A. Stephen Hut, Jr. to Appear Pro Hac Vice. Signed by the clerk on 1/24/06. (fee paid receipt #14637006802 for document #15 see #14) (cag, Deputy Clerk) Modified on 1/24/2006 (cag, Deputy Clerk). (Entered: 01/24/2006)	Jan. 24, 2006	Jan. 24, 2006
	Discovery Hearing held on 1/24/2006 held before Judge Benson Everett Legg. (Court Reporter Sovich.) (hsg, Deputy Clerk)	Jan. 24, 2006	Jan. 24, 2006
16	LETTER ORDER re Redacted files. Signed by Judge Benson Everett Legg on 1/25/06. (Attachments: # 1 List of Documents)(eg, Deputy Clerk) (Entered: 01/25/2006)	Jan. 25, 2006	Jan. 25, 2006
17	Correspondence re: Court's January 25, 2006 Memorandum to Mr. Oakley (being submitted by Plaintiff) (Zubler, Todd) (Entered: 01/25/2006)	Jan. 25, 2006	Jan. 25, 2006
18	RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 2/8/2006. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit D-A# 6 Exhibit D-BCD)(Oakley, Scott) (Entered: 01/25/2006)	Jan. 25, 2006	Jan. 25, 2006
	Telephone Conference held on 1/25/2006 held before Chief Judge Benson Everett Legg. ( Recorded on Tape) (kam, Deputy Clerk)	Jan. 25, 2006	Jan. 25, 2006
19	(FILED IN ERROR) MOTION to Produce Certain Records by Vernon Evans, Jr. Responses due by 2/13/2006 (Zubler, Todd) Modified on 1/26/2006 (eg, Deputy Clerk). Modified on 1/26/2006 (eg, Deputy Clerk). (Entered: 01/26/2006)	Jan. 26, 2006	Jan. 26, 2006
20	Status Report Submitted Pursuant to Memorandum Order of 1-25-06 by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker (Oakley, Scott) (Entered: 01/26/2006)	Jan. 26, 2006	Jan. 26, 2006
21	MOTION to Produce Certain Records by Vernon Evans, Jr. Responses due by 2/13/2006 (Attachments: # 1 Text of Proposed Order Proposed Order)(Zubler, Todd) (Entered: 01/26/2006)	Jan. 26, 2006	Jan. 26, 2006
22	MOTION to Amend/Correct 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction by Vernon Evans, Jr. Responses due by 2/13/2006 (Attachments: # 1 Exhibit Attachment A# 2 Exhibit Attachment B# 3 Text of Proposed Order Proposed Order)(Zubler, Todd) (Entered: 01/26/2006)	Jan. 26, 2006	Jan. 26, 2006
23	Correspondence re: Objections to additional redactions claimed by state defendants (Zubler, Todd) (Entered: 01/26/2006)	Jan. 26, 2006	Jan. 26, 2006
24	ORDER GRANTING Plaintiff's Motion for an Order Directing the Maryland Office of the Chief Medical Examiner to Produce Certain Records. Signed by Judge Benson Everett Legg on 1/26/06. (jlb, Deputy Clerk) (Entered: 01/26/2006)	Jan. 26, 2006	Jan. 26, 2006
25	MEMORANDUM to Mr. Oakley RE: Mr. Oakley's Letter of January 26, 2006.. Signed by Judge Benson Everett Legg on 1/26/06. (jlb, Deputy Clerk) (Entered: 01/26/2006)	Jan. 26, 2006	Jan. 26, 2006
26	(FILED IN ERROR) REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction Providing Supplemental Evidence filed by Vernon Evans, Jr. (Attachments: # 1 Exhibit 1# 2 Exhibit 1A# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 3A# 6 Exhibit 3B# 7 Exhibit 3C)(Zubler, Todd) Modified on 1/27/2006 (eg, Deputy Clerk). (Entered: 01/26/2006)	Jan. 26, 2006	Jan. 26, 2006
27	REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction Providing Supplemental Evidence filed by Vernon Evans, Jr. (Attachments: # 1 Exhibit 1# 2 Exhibit 1A# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 3A# 6 Exhibit 3B# 7 Exhibit 3C)(Zubler, Todd) Modified on 1/27/2006 (eg, Deputy Clerk). (rec'd 1/27/06 c/s to Chambers) (Entered: 01/26/2006)	Jan. 26, 2006	Jan. 26, 2006
28	STATUS REPORT Summary of Procedural History in Evans v. State Since June 1999 by Vernon Evans, Jr. (Zubler, Todd) (Entered: 01/26/2006)	Jan. 26, 2006	Jan. 26, 2006
29	REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction filed by Vernon Evans, Jr. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Zubler, Todd) (Entered: 01/26/2006)	Jan. 26, 2006	Jan. 26, 2006
	Telephone Conference held on 1/26/2006 held before Chief Judge Benson Everett Legg. (Court Reporter: Recorded on Tape) (kam, Deputy Clerk)	Jan. 26, 2006	Jan. 26, 2006
30	PROTECTIVE ORDER. Signed by Judge Benson Everett Legg on 1/27/06. (Attachments: # 1 Questions for Counsel# 2 Questions for Counsel)(eg, Deputy Clerk) (Entered: 01/27/2006)	Jan. 27, 2006	Jan. 27, 2006
	Motion Hearing held on 1/27/2006 re 4 MOTION for Temporary Restraining MOTION for Preliminary Injunction filed by Vernon Evans, Jr. held before Judge Benson Everett Legg -arguments of counsel- hearing not concluded; to be continued (Court Reporter J. Sovich) (ggpb, Deputy Clerk)	Jan. 27, 2006	Jan. 27, 2006
31	PLAINTIFF'S HEARING EXHIBITS LIST by Vernon Evans, Jr.. (EXHIBITS FILED SEPARATELY)(eg, Deputy Clerk) (Entered: 01/30/2006)	Jan. 30, 2006	Jan. 30, 2006
32	TRANSCRIPT of (Motions Hearing) Proceedings held on 1/24/06 before Judge Benson E. Legg. Court Reporter: Jacqueline Sovich. (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 01/30/2006)	Jan. 30, 2006	Jan. 30, 2006
33	TRANSCRIPT of (Motions Hearing) Proceedings held on 1/27/06 before Judge Benson E. Legg. Court Reporter: Jacqueline Sovich. (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 01/30/2006)	Jan. 30, 2006	Jan. 30, 2006
	Telephone Conference held on 1/30/2006 held before Chief Judge Benson Everett Legg. (Recorded on Tape) (kam, Deputy Clerk)	Jan. 30, 2006	Jan. 30, 2006
34	RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction (Supplemental Evidence) filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 2/14/2006. (Attachments: # 1 Affidavit of [Certified Nurse Assistant]# 2 Affidavit of [EMT-P #1]# 3 Affidavit of [EMT-P #2])(Oakley, Scott) (Entered: 01/31/2006)	Jan. 31, 2006	Jan. 31, 2006
35	RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction Second Submission of Supplemental Evidence filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 2/15/2006. (Attachments: # 1 Affidavit James V. Peguese)(Oakley, Scott) (Entered: 02/01/2006)	Feb. 1, 2006	Feb. 1, 2006
36	MEMORANDUM OPINION. Signed by Judge Benson Everett Legg on 02/01/2006. (Legg, Benson Everett)	Feb. 1, 2006	Feb. 1, 2006 RECAP
37	ORDER DENYING Evans's motion for a temporary restraining order 4, and DENYING Evans's motion for a preliminary injunction 4 . Signed by Judge Benson Everett Legg on 02/01/2006. (Legg, Benson Everett) (Entered: 02/01/2006)	Feb. 1, 2006	Feb. 1, 2006
38	DEFENDANT'S EXHIBIT LIST by Mary Ann Saar,et al.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(eg, Deputy Clerk) (Entered: 02/02/2006)	Feb. 1, 2006	Feb. 1, 2006
	Motion Hearing held on 2/1/2006 - re 22 MOTION to Amend/Correct 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction filed by Vernon Evans, Jr. held before Judge Benson Everett Legg - continued from 1/27/2006 - testimony taken (via telephone) - evidence presented - closing argument - held subcuria. (Court Reporter J. Sovich) (bma, CRD)	Feb. 1, 2006	Feb. 1, 2006
39	ORDERED that Hearing Exhibits be placed under seal pending further order of the Court. Signed by Judge Benson Everett Legg on 2/1/06. (eg, Deputy Clerk) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
40	SEALED EXHIBITS. (eg, Deputy Clerk) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
41	NOTICE OF APPEAL as to 36 Memorandum Opinion, 37 Order by Vernon Evans, Jr. Filing fee $ 255. Appeal Record due by 3/6/2006. (Zubler, Todd) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
42	MOTION to Stay re 36 Memorandum Opinion, 37 Order Pending Appeal with Request for Expedited Consideration by Vernon Evans, Jr. Responses due by 2/21/2006 (Attachments: # 1 Text of Proposed Order)(Zubler, Todd) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
43	RESPONSE in Opposition re 42 MOTION to Stay re 36 Memorandum Opinion, 37 Order Pending Appeal with Request for Expedited Consideration filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 2/16/2006. (Oakley, Scott) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
44	Discovery Material (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
45	SEALED Discovery Material (eg, Deputy Clerk) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
46	QUESTIONS FOR COUNSEL at Hearing entered 1/24/06. Signed by Judge Benson Everett Legg on 1/24/06. (eg, Deputy Clerk) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
47	QUESTIONS FOR COUNSEL at Hearing entered 1/27/06. Signed by Judge Benson Everett Legg on 1/27/06. (eg, Deputy Clerk) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
48	ORDER denying 42 Motion of Plaintiff for an injunction pending appeal. Signed by Judge Benson Everett Legg on 2/2/06. (eg, Deputy Clerk) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
49	ORDER re Post-Execution. Signed by Judge Benson Everett Legg on 2/2/06. (eg, Deputy Clerk) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
50	PAPERLESS ORDER granting 22 Motion to Amend/Correct. Signed by Judge Benson Everett Legg on 02/02/2006. (Legg, Benson Everett) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
51	TRANSCRIPT filed for proceedings on 2/1/06 before Judge Legg, re 41 Notice of Appeal Court Reporter: Jackie Sovich. (Filed Separately) (sls, Deputy Clerk) (Entered: 02/02/2006)	Feb. 2, 2006	Feb. 2, 2006
52	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 41 Notice of Appeal (sls, Deputy Clerk) (Entered: 02/03/2006)	Feb. 3, 2006	Feb. 3, 2006
	USCA Appeal Fees received $ 255 receipt number 14637007069 re 41 Notice of Appeal filed by Vernon Evans, Jr. (sls, Deputy Clerk)	Feb. 3, 2006	Feb. 3, 2006
53	MEMORANDUM to Parties: Please file a status report by Wednesday, February 15, 2006 as therein set forth. Signed by Judge Benson Everett Legg on 2/6/06. (slf, Deputy Clerk) (Entered: 02/07/2006)	Feb. 7, 2006	Feb. 7, 2006
	USCA Case Number 06-1 for 41 Notice of Appeal filed by Vernon Evans, Jr.. Case Manager - Beth Walton (sls, Deputy Clerk)	Feb. 8, 2006	Feb. 8, 2006
54	STATUS REPORT pursuant to Court's February 6, 2006 Order by Vernon Evans, Jr. (Zubler, Todd) (Entered: 02/14/2006)	Feb. 14, 2006	Feb. 14, 2006
55	STATUS REPORT (February 15, 2006) by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. (Oakley, Scott) (Entered: 02/15/2006)	Feb. 15, 2006	Feb. 15, 2006
56	MOTION to Shorten Time for Defendants to Respond to Complaint and for Immediate Issuance of a Scheduling Order by Vernon Evans, Jr. Responses due by 3/6/2006 (Zubler, Todd) Modified on 3/7/2006 (eg, Deputy Clerk). (Entered: 02/17/2006)	Feb. 17, 2006	Feb. 17, 2006
57	MOTION to Shorten Time for Defendants to Respond by Vernon Evans, Jr. Responses due by 3/6/2006 (Zubler, Todd) Modified on 3/7/2006 (eg, Deputy Clerk). (Entered: 02/17/2006)	Feb. 17, 2006	Feb. 17, 2006
58	RESPONSE in Opposition re 56 MOTION to Shorten Time for Defendants to Respond to Complaint and for Immediate Issuance of a Scheduling Order, 57 MOTION to Shorten Time for Defendants to Respond filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 3/3/2006. (Oakley, Scott) (Entered: 02/17/2006)	Feb. 17, 2006	Feb. 17, 2006
59	MANDATE of USCA as to 41 Notice of Appeal filed by Vernon Evans, Jr. (sls, Deputy Clerk) (Entered: 02/17/2006)	Feb. 17, 2006	Feb. 17, 2006
60	ORDER SETTING Schedule. Signed by Judge Benson Everett Legg on 2/17/06. (eg, Deputy Clerk) (Entered: 02/17/2006)	Feb. 17, 2006	Feb. 17, 2006
61	Request for Hearing/Trial -- Rescheduling of Trial Date (Zubler, Todd) (Entered: 02/23/2006)	Feb. 23, 2006	Feb. 23, 2006
62	LETTER ORDER re Trial date. Signed by Judge Benson Everett Legg on 3/1/06. (eg, Deputy Clerk) (Entered: 03/01/2006)	March 1, 2006	March 1, 2006
63	MOTION to Dismiss or for Summary Judgment by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Responses due by 3/20/2006 (Attachments: # 1 Exhibit "A," Affidavit of Patricia Allen# 2 Exhibit "1" to Ex. "A," Affidavit of Patricia Allen# 3 Exhibit "2" to Ex. "A," Affidavit of Patricia Allen# 4 Exhibit "3" to Ex. "A," Affidavit of Patricia Allen# 5 Exhibit "B," Affidavit of Marvin Robbins)(Oakley, Scott) Modified on 3/7/2006 (eg, Deputy Clerk). (Entered: 03/03/2006)	March 3, 2006	March 3, 2006
64	REQUEST for Extension of Time to File Answer (Oakley, Scott) (Entered: 03/03/2006)	March 3, 2006	March 3, 2006
65	LETTER ORDER re Answer, SETTING date for Teleconference. Signed by Judge Benson Everett Legg on 3/7/06. (eg, Deputy Clerk) (Entered: 03/07/2006)	March 7, 2006	March 7, 2006
66	(FILED IN ERROR-DOCUMENT FILED IN THE WRONG CASE) NOTICE OF DISMISSAL and ORDER APPROVING subject to the Court's continuing jurisdiction over issues related to claims against the bond. Signed by Judge Andre M Davis on 3/7/06. (eg, Deputy Clerk) Modified on 3/7/2006 (eg, Deputy Clerk). (Entered: 03/07/2006)	March 7, 2006	March 7, 2006
	The link to DOCUMENT #66 has been reset so that non-court users may not access it and the docket text has been modified to indicate that it was filed in error. It was filed in the wrong case. (eg, Deputy Clerk) Modified on 3/7/2006 (eg, Deputy Clerk).	March 7, 2006	March 7, 2006
67	ANSWER to Complaint by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker.(Oakley, Scott) (Entered: 03/13/2006)	March 13, 2006	March 13, 2006
68	Correspondence re: Scheduling (Oakley, Scott) (Entered: 03/14/2006)	March 14, 2006	March 14, 2006
	Telephone Conference held on 3/14/2006 held before Judge Benson Everett Legg. (eg, Deputy Clerk)	March 14, 2006	March 14, 2006
69	LETTER ORDER CONFIRMING SCHEDULE re Discovery, ADMINISTRATIVELY CLOSING 63 Motion of Defendants to Dismiss. Signed by Judge Benson Everett Legg on 3/14/06. (eg, Deputy Clerk) (Entered: 03/15/2006)	March 15, 2006	March 15, 2006
70	PAPERLESS ORDER denying as moot 56 Motion to Shorten Time. Signed by Judge Benson Everett Legg on 03/28/2006. (Legg, Benson Everett) (Entered: 03/28/2006)	March 28, 2006	March 28, 2006
71	PAPERLESS ORDER denying as moot 57 Motion to Shorten Time. Signed by Judge Benson Everett Legg on 03/28/2006. (Legg, Benson Everett) (Entered: 03/28/2006)	March 28, 2006	March 28, 2006
72	Correspondence re: scheduling (Zubler, Todd) (Entered: 03/29/2006)	March 29, 2006	March 29, 2006
73	MOTION for Protective Order and For Expedited Consideration by Vernon Evans, Jr. Responses due by 5/8/2006 (Attachments: # 1 Exhibit Proposed Protective Order# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Zubler, Todd) (Entered: 04/20/2006)	April 20, 2006	April 20, 2006
74	Cross MOTION for Protective Order and Opposition to Plaintiff's Motion for Protective Order by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Responses due by 5/8/2006 (Attachments: # 1 Exhibit "A"# 2 Exhibit "B"# 3 Exhibit "C"# 4 Exhibit "D")(Oakley, Scott) (Entered: 04/21/2006)	April 21, 2006	April 21, 2006
75	MOTION for Extension of Time to Respond to Plaintiff's Discovery by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Responses due by 5/11/2006 (Attachments: # 1 Exhibit "A"# 2 Text of Proposed Order)(Oakley, Scott) (Entered: 04/24/2006)	April 24, 2006	April 24, 2006
76	REPLY to Response to Motion re 73 MOTION for Protective Order and For Expedited Consideration, 74 Cross MOTION for Protective Order and Opposition to Plaintiff's Motion for Protective Order filed by Vernon Evans, Jr. (Attachments: # 1 Text of Proposed Order)(Zubler, Todd) (Entered: 04/24/2006)	April 24, 2006	April 24, 2006
77	RESPONSE to Motion re 75 MOTION for Extension of Time to Respond to Plaintiff's Discovery filed by Vernon Evans, Jr. Replies due by 5/9/2006. (Zubler, Todd) (Entered: 04/25/2006)	April 25, 2006	April 25, 2006
78	ORDER granting 75 Motion by the State for an Extension of Time. Signed by Judge Benson Everett Legg on 4/28/06 (cag, Deputy Clerk) (Entered: 04/28/2006)	April 28, 2006	April 28, 2006
79	Joint MOTION for Other Relief Scheduling Order by Vernon Evans, Jr. Responses due by 5/19/2006 (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Zubler, Todd) (Entered: 05/02/2006)	May 2, 2006	May 2, 2006
80	PAPERLESS ORDER granting 79 Joint Motion. Signed by Judge Benson Everett Legg on 05/03/2006. (Legg, Benson Everett) (Entered: 05/03/2006)	May 3, 2006	May 3, 2006
81	MOTION Enforce Court's Order Dated April 28, 2006 by Vernon Evans, Jr. Responses due by 5/22/2006 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Zubler, Todd) (Entered: 05/03/2006)	May 3, 2006	May 3, 2006
82	RESPONSE to Motion re 81 MOTION Enforce Court's Order Dated April 28, 2006 and Cross-Motion to Enlarge Time filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 5/17/2006. (Oakley, Scott) (Entered: 05/03/2006)	May 3, 2006	May 3, 2006
83	ORDER re Confidentiality. Signed by Judge Benson Everett Legg on 5/4/06. (hml, Deputy Clerk) (Entered: 05/04/2006)	May 4, 2006	May 4, 2006
84	Joint MOTION for Protective Order by Vernon Evans, Jr. Responses due by 5/22/2006 (Attachments: # 1 Text of Proposed Order)(Zubler, Todd) (Entered: 05/05/2006)	May 5, 2006	May 5, 2006
85	PROTECTIVE ORDER Signed by Judge Benson Everett Legg on 5/5/06(cag, Deputy Clerk) (Entered: 05/05/2006)	May 5, 2006	May 5, 2006
86	NOTICE of Appearance by Stephanie Katherine Wood on behalf of Vernon Evans, Jr (slf, Deputy Clerk) (Entered: 05/15/2006)	May 15, 2006	May 15, 2006
87	MOTION for Anne Harden Tindall to Appear Pro Hac Vice by Vernon Evans, Jr.(fee pd, voucher #14637009178) (slf, Deputy Clerk) (Entered: 05/15/2006)	May 15, 2006	May 15, 2006
88	MARGINAL ORDER granting 87 Motion of Anne Harden Tindall to Appear Pro Hac Vice. Signed by Clerk on 5/15/06. (see pleading No 87) (slf, Deputy Clerk) (Entered: 05/15/2006)	May 15, 2006	May 15, 2006
89	MOTION for Anne H. Geraghty to Appear Pro Hac Vice by Vernon Evans, Jr.(fee pd, voucher #14637009178) (slf, Deputy Clerk) (Entered: 05/15/2006)	May 15, 2006	May 15, 2006