Case: Jackson v. Taylor

1:06-cv-00300 | U.S. District Court for the District of Delaware

Filed Date: May 8, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On May 8, 2006, a prisoner of the State of Delaware filed a lawsuit under 42 U.S.C. Section 1983 against the Delaware Department of Corrections in the U.S. District Court for the District of Delaware. The plaintiff, who was scheduled to be executed by lethal injection, asked the court to enjoin the defendants from carrying out the execution, arguing that the lethal injection procedure inflicts unnecessary pain and torture in violation of his Eighth Amendment right to be free from cruel and unu…

On May 9, 2006, the U.S. District Court for the District of Delaware (Judge Sue L. Robinson) granted the plaintiff's request for a preliminary injunction, holding that the U.S. Supreme Court's pending decision in Hill v. McDonough (CJ-FL-002) would have an impact on the outcome of this case. Jackson v. Taylor, No. 06-0300, 2006 U.S.Dist.LEXIS 27658 (D.Del. 2006).

On October 11, 2006, the case was referred to mediation. On December 1, 2006, the plaintiff asked the court to certify the case as a class action, and on February 23, 2007, the District Court (Judge Robinson) certified a plaintiff class of all inmates scheduled to be executed by the State of Delaware.

During the course of the litigation, the Defendants amended their lethal injection protocol twice in an effort to comport with the United States Supreme Court's decision in Baze v. Rees, which upheld Kentucky's lethal injection protocol against a similar Eighth Amendment challenge.

On March 11, 2009 the United States District Court for the District of Delaware granted the Defendants' motion for summary judgment. While the District Court acknowledged that the Defendants had at times failed to follow their own procedures, the Plaintiffs had failed to show a "substantial risk of an inadequate dose of sodium thiopental." However, the District Court stayed the executions pending appeal.

On February 1, 2010 the United States Court of Appeals for the Third Circuit issued an opinion affirming the District Court's grant of summary judgment. The Court of Appeals made clear that in order to prevail on a claim, the Plaintiffs needed to demonstrate that "the conditions presenting the risk must be 'sure or very likely to cause serious illness and needless suffering,' and give rise to 'sufficiently imminent dangers." In other words, the Court of Appeals found that "Delaware's 2008 Protocol is not unconstitutional under existing Supreme Court precedent." The Supreme Court denied certiorari on October 12, 2010.

After the Court of Appeals upheld the District Court's grant of summary judgment, the Plaintiffs filed a motion to reopen the case under Federal Rule Civil Procedure 60(b)(6) and (d) and a motion to stay the execution with the District Court. The District Court found that a stay was not warranted because Plaintiffs had "not carried their burden to prove that they are likely to succeed on the merits of their Eighth Amendment claim." On July 28, 2011 the Court of Appeals affirmed the judgment of the District Court. Following the Supreme Court's denial of certiorari, and Plaintiff Robert Jackson was executed just after midnight on July 29, 2011, by lethal injection.

The Court of Appeals, in a written opinion that followed Mr. Jackson's execution, found that the District Court had not abused its discretion in denying the stay of execution. Specifically, the Court of Appeals wrote that the District Court had not abused its discretion when it found that the plaintiffs had failed to "demonstrate that the substitution of pentobarbital resulted in a constitutionally unacceptable risk of pain and suffering."

As of July 27, 2011 the case has been closed

show full summary

Summary Authors

Justin Benson (3/1/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4216973/parties/jackson-v-danberg/

Judge(s)

Ambro, Thomas L. (Delaware)

Fisher, D. Michael (Pennsylvania)

Hardiman, Thomas Michael (Pennsylvania)

Attorney for Plaintiff

Attorney for Defendant

Foley , Thomas A. (Delaware)

Malik , John S. (Delaware)

Judge(s)

Ambro, Thomas L. (Delaware)

Fisher, D. Michael (Pennsylvania)

Hardiman, Thomas Michael (Pennsylvania)

Robinson, Sue Lewis (Delaware)

Van Antwerpen, Franklin Stuart (Pennsylvania)

Attorney for Plaintiff

Marino, Helen (Pennsylvania)

McCracken, Megan (Pennsylvania)

Nolas, Billy H (Pennsylvania)

Pulzetti, Maria K (Pennsylvania)

Rowley, Maureen Kearny (Pennsylvania)

Wiseman, Michael (Pennsylvania)

Attorney for Defendant

Foley , Thomas A. (Delaware)

Malik , John S. (Delaware)

McFarlin , Elizabeth Roberts (Delaware)

Meyers , Loren (Delaware)

Niedzielski, Marc P. (Delaware)

Smith, Gregory E. (Delaware)

Wallace, Paul R (Delaware)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
1:06-cv-00300	Civil Docket (PACER)	Nov. 17, 2001	Nov. 17, 2001 Docket
2 1:06-cv-00300	Complaint	May 8, 2006	May 8, 2006 Complaint
6 1:06-cv-00300	Motion for Preliminary Injunction	May 8, 2006	May 8, 2006 Pleading / Motion / Brief
9 1:06-cv-00300	Memorandum Order	May 9, 2006	May 9, 2006 Order/Opinion 2006 U.S.Dist.LEXIS 2006
32 1:06-cv-00300	Opinion Jackson v. Danberg	Feb. 22, 2007	Feb. 22, 2007 Order/Opinion 240 F.R.D. 240
122 1:06-cv-00300	Defendants' Opening Brief in Support of their Motion for Summary Judgment Jackson v. Danberg	Dec. 19, 2008	Dec. 19, 2008 Pleading / Motion / Brief
124 1:06-cv-00300	Plaintiffs' Brief in Opposition to Defendants' Motion for Summary Judgment Jackson v. Danberg	Jan. 16, 2009	Jan. 16, 2009 Pleading / Motion / Brief
129 1:06-cv-00300	Memorandum Opinion Jackson v. Danberg	March 11, 2009	March 11, 2009 Order/Opinion 601 F.Supp.2d 601
1:06-cv-00300	Opinion of the Court Jackson v. Danberg U.S. Court of Appeals for the Third Circuit	Feb. 1, 2010	Feb. 1, 2010 Order/Opinion 594 F.3d 594
166 1:06-cv-00300	Memorandum Order Jackson v. Danberg	July 27, 2011	July 27, 2011 Order/Opinion 2011 WL 2011

show / hide documents

Resources

Title	Description		External URL Date / External URL
Jackson v. Taylor Oyez	A general court-martial found a soldier guilty of the separate offenses of premeditated murder and attempted rape and, in accordance with the usual practice, gave him an aggregate sentence of life im…	April 30, 1957	April 30, 1957 https://www.oyez.org/...

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4216973/jackson-v-danberg/

Last updated April 11, 2024, 3:14 a.m.

ECF Number	Description	Date	Link Date / Link
1	MOTION for Leave to Proceed in forma pauperis - filed by Robert W. Jackson, III. (dab, ) (Entered: 05/08/2006)	May 8, 2006	May 8, 2006 RECAP
2	COMPLAINT filed pursuant to 42:1983 against Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll - filed by Robert W. Jackson, III. (Attachments: # 1 Civil Cover Sheet)(dab, ) (Entered: 05/08/2006) 1 Civil Cover Sheet View on PACER	May 8, 2006	May 8, 2006 RECAP
3	Notice of Availability of a U.S. Magistrate Judge to Exercise Jurisdiction (Attachments: # 1 Acknowledgement of Consent Form) (dab, ) (Entered: 05/08/2006) 1 Acknowledgement of Consent Form View on PACER	May 8, 2006	May 8, 2006 RECAP
4	MOTION for Discovery - filed by Robert W. Jackson, III. (Attachments: # 1 Text of Proposed Order)(Wiseman, Michael) (Entered: 05/08/2006) 1 Text of Proposed Order View on PACER	May 8, 2006	May 8, 2006 RECAP
5	OPENING BRIEF in Support re 4 MOTION for Discovery filed by Robert W. Jackson, III.Answering Brief/Response due date per Local Rules is 5/22/2006. (Wiseman, Michael) (Entered: 05/08/2006)	May 8, 2006	May 8, 2006 RECAP
6	MOTION for Preliminary Injunction - filed by Robert W. Jackson, III. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Part 1 of 3# 3 Exhibit Part 2 of 3# 4 Exhibit Part 3 of 3)(Wiseman, Michael) (Entered: 05/08/2006) 1 Text of Proposed Order View on PACER 2 Exhibit Part 1 of 3 View on PACER 3 Exhibit Part 2 of 3 View on PACER 4 Exhibit Part 3 of 3 View on PACER	May 8, 2006	May 8, 2006 RECAP
7	NOTICE of by Robert W. Jackson, III Notice of Filing of Proposed Order (Attachments: # Text of Proposed Order)(Wiseman, Michael) Additional attachment(s) added on 5/9/2006 (fmt, ). (Entered: 05/09/2006) 2 Text of Proposed Order View on PACER	May 9, 2006	May 9, 2006 RECAP
8	ORDER granting Motion to Proceed IFP. Filing Fee of $350.00 Assessed. Plaintiff requested to submit trust fund account statement. Notice of Compliance deadline set for 6/12/2006. Signed by Judge Sue L. Robinson on 5/9/06. (fmt, ) Modified on 5/9/2006 (fmt, ). (Entered: 05/09/2006)	May 9, 2006	May 9, 2006 RECAP
9	MEMORANDUM ORDER granting 6 MOTION for Preliminary Injunction filed by Robert W. Jackson, III. The case is STAYED until 7/24/06, when the court shall conduct a telephonic status conference with the parties at 3:00 p.m. It is further ordered that defendants, and their agents, employees and contractors, are here ENJOINED from carrying out plaintiff's execution until further order of this court. Signed by Judge Sue L. Robinson on 5/9/06. (fmt, ) (Entered: 05/09/2006)	May 9, 2006	May 9, 2006 RECAP
10	Letter to Judge Robinson from Robert Jackson, III regarding filing fee; requesting that the court address all further issues to attorneys (fmt, ) (Entered: 06/13/2006)	June 12, 2006	June 12, 2006 RECAP
11	TRANSCRIPT of Telephone Conference held on 5/9/06 before Judge Robinson. Court Reporter: V. Gunning. (Transcript on file in Clerk's Office) (fmt, ) (Entered: 07/10/2006)	July 5, 2006	July 5, 2006 PACER
12	ORDER Set/Reset Answer Deadlines: Paul Howard answer due 9/24/2006; Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution answer due 9/24/2006; Stanley W. Taylor, Jr answer due 9/24/2006; Thomas L. Carroll answer due 9/24/2006. Scheduling TeleConference set for 10/4/2006 04:30 PM before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 7/24/06. (Attachments: # 1 Sample Discovery Order)(rld, ) (Entered: 07/24/2006) 1 Sample Discovery Order View on PACER	July 24, 2006	July 24, 2006 RECAP
13	SEALED TRANSCRIPT of Telephone Conference held on 7/24/06 before Judge Robinson. Court Reporter: Hawkins Reporting Service. (Transcript on file in Clerk's Office) (fmt, ) (Entered: 08/11/2006)	Aug. 11, 2006	Aug. 11, 2006 PACER
14	ANSWER to Complaint by Paul Howard, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 09/08/2006) 1 Certificate of Compliance service View on PACER	Sept. 8, 2006	Sept. 8, 2006 RECAP
15	PROPOSED ORDER Scheduling by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 10/03/2006) 1 Certificate of Compliance service View on PACER	Oct. 3, 2006	Oct. 3, 2006 RECAP
16	NOTICE OF SERVICE of Document Production re 4 MOTION for Discovery by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. Related document: 4 MOTION for Discovery filed by Robert W. Jackson, III. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 10/03/2006) 1 Certificate of Compliance service View on PACER	Oct. 3, 2006	Oct. 3, 2006 RECAP
17	PROPOSED ORDER Autopsy Records re 16 Notice of Service, by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 10/03/2006) 1 Certificate of Compliance service View on PACER	Oct. 3, 2006	Oct. 3, 2006 RECAP
18	RESPONSE to Plaintiff's Motion for Discovery by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance Service)(Smith, Gregory) Modified on 10/4/2006 (fmt, ). (Entered: 10/04/2006) 1 Certificate of Compliance Service View on PACER	Oct. 4, 2006	Oct. 4, 2006 RECAP
19	ORDER granting pltf.'s discovery request re copies of autopsy reports for each execution accomplished by lethal injection from its inception to date, subject to limitations on secondary disclosures. Signed by Judge Sue L. Robinson on 10/4/06. (rld, ) (Entered: 10/06/2006)	Oct. 6, 2006	Oct. 6, 2006 RECAP
20	SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 12/1/2006. Amended Pleadings due by 12/1/2006. Discovery due by 6/30/2007. Motions in Limine due by 6/6/2007. Responses to Motions in Limine due by 6/13/2007. Pretrial Conference set for 6/20/2007 04:30 PM in Courtroom 6B before Honorable Sue L. Robinson. Bench Trial set for 7/23/2007 09:30 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 10/4/06. (rld, ) (Entered: 10/06/2006)	Oct. 6, 2006	Oct. 6, 2006 RECAP
21	Order Setting Teleconference: Telephone Conference set for 11/27/2006 09:30 AM before Honorable Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 10/11/2006. (cab, ) (Entered: 10/11/2006)	Oct. 11, 2006	Oct. 11, 2006 RECAP
22	ORDER ReSetting Scheduling Order Deadlines: Bench Trial reset for 9/10/2007 09:30 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 10/23/06. (rld, ) (Entered: 10/23/2006)	Oct. 23, 2006	Oct. 23, 2006 RECAP
23	ORDER ReSetting Scheduling Order Deadlines Bench Trial reset for 9/4/2007 09:30 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 10/25/06. (rld, ) (Entered: 10/25/2006)	Oct. 25, 2006	Oct. 25, 2006 RECAP
24	NOTICE OF SERVICE of Document Production by Paul Howard, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) Modified on 11/3/2006 (fmt, ). (Entered: 11/03/2006) 1 Certificate of Compliance service View on PACER	Nov. 3, 2006	Nov. 3, 2006 RECAP
25	ORDER Setting Mediation Conferences:Mediation Conference set for 6/15/2007 at 10:00 AM in Courtroom 6C before Honorable Mary Pat Thynge. Signed by Judge Mary Pat Thynge on 11/27/2006. (cak) (Entered: 11/27/2006)	Nov. 27, 2006	Nov. 27, 2006 RECAP
26	MOTION to Certify Class Plaintiff's Motion for Class Certification - filed by Robert W. Jackson, III. (Attachments: # 1 Exhibit Proposed Notice to the Class# 2 Text of Proposed Order Proposed Order)(Wiseman, Michael) (Entered: 12/01/2006) 1 Exhibit Proposed Notice to the Class View on PACER 2 Text of Proposed Order Proposed Order View on PACER	Dec. 1, 2006	Dec. 1, 2006 RECAP
27	OPENING BRIEF in Support re 26 MOTION to Certify Class Plaintiff's Motion for Class Certification Plaintiff's Memorandum in Support of Motion for Class Certification filed by Robert W. Jackson, III.Answering Brief/Response due date per Local Rules is 12/18/2006. (Wiseman, Michael) (Entered: 12/01/2006)	Dec. 1, 2006	Dec. 1, 2006 RECAP
28	MEMORANDUM in Opposition re 26 MOTION to Certify Class Plaintiff's Motion for Class Certification, 27 Opening Brief in Support, filed by Paul Howard, Stanley W. Taylor, Jr, Thomas L. Carroll.Reply Brief due date per Local Rules is 1/11/2007. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 12/29/2006) 1 Certificate of Compliance service View on PACER	Dec. 29, 2006	Dec. 29, 2006 RECAP
29	REPLY BRIEF re 26 MOTION to Certify Class Plaintiff's Motion for Class Certification Plaintiff's Reply Memorandum in Support of Motion for Class Certification filed by Robert W. Jackson, III. (Wiseman, Michael) (Entered: 01/05/2007)	Jan. 5, 2007	Jan. 5, 2007 RECAP
30	ORDER Setting Hearing on Motion 26 MOTION to Certify Class Plaintiff's Motion for Class Certification : Motion Hearing set for 2/8/2007 10:00 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 1/24/07. (rld) (Entered: 01/24/2007)	Jan. 24, 2007	Jan. 24, 2007 RECAP
31	TRANSCRIPT of Oral Argument held on 2/8/07 before Judge Robinson. Court Reporter: V. Gunning. (Transcript on file in Clerk's Office) (fmt) (Entered: 02/21/2007)	Feb. 21, 2007	Feb. 21, 2007 PACER
32	MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 2/22/07. (rld) (Entered: 02/23/2007)	Feb. 23, 2007	Feb. 23, 2007 RECAP
33	ORDER granting 26 Motion to Certify Class; the following are appointed class counsel with the understanding and agreement that counsel will not petition for fees or costs: Michael Wiseman, Helen Marino, and Megan McCracken; class counsel shall provide one copy to each member of the class and a copy(ies) will be posted prominently in the area(s) in which the class is incarcerated. Signed by Judge Sue L. Robinson on 2/22/07. (rld) (Entered: 02/23/2007)	Feb. 23, 2007	Feb. 23, 2007 RECAP
34	NOTICE OF SERVICE of Response to Plaintiff's First Set of Interrogatories by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll.(Smith, Gregory) (Entered: 03/22/2007)	March 22, 2007	March 22, 2007 RECAP
35	NOTICE OF SERVICE of Document Production by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 05/07/2007) 1 Certificate of Compliance service View on PACER	May 7, 2007	May 7, 2007 RECAP
36	Order Setting Teleconference: Telephone Conference set for 5/31/2007 at 9:00 AM before Honorable Mary Pat Thynge to discuss the status of the case and the mediation scheduled for June 15, 2007. Plaintiff's counsel shall initiate the teleconference call. Signed by Judge Mary Pat Thynge on 5/15/2007. (cak) (Entered: 05/15/2007)	May 15, 2007	May 15, 2007 RECAP
37	NOTICE OF SERVICE of Document Production re 35 Notice of Service, by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. Related document: 35 Notice of Service, filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 05/16/2007) 1 Certificate of Compliance service View on PACER	May 16, 2007	May 16, 2007 RECAP
38	MOTION for Protective Order - filed by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (McFarlan, Elizabeth) (Entered: 05/24/2007)	May 24, 2007	May 24, 2007 RECAP
39	MOTION to Continue Plaintffs' Motion to Amend Discovery Schedule and for a New Trial Date - filed by Robert W. Jackson, III. (Attachments: # 1 Certificate of Partial Concurrence# 2 Text of Proposed Order Proposed Order)(Wiseman, Michael) (Entered: 05/30/2007) 1 Certificate of Partial Concurrence View on PACER 2 Text of Proposed Order Proposed Order View on PACER	May 30, 2007	May 30, 2007 RECAP
40	RESPONSE to Motion re 39 MOTION to Continue Plaintffs' Motion to Amend Discovery Schedule and for a New Trial Date filed by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Compliance service)(Smith, Gregory) (Entered: 06/01/2007) 1 Text of Proposed Order View on PACER 2 Certificate of Compliance service View on PACER	June 1, 2007	June 1, 2007 RECAP
41	REPLY BRIEF Plaintiffs' Reply to Defendant's Response to Plaintiff's Motion to Amend the Discovery Schedule and for a New Trial Date D.I. 39 filed by Robert W. Jackson, III. (Wiseman, Michael) Modified on 6/4/2007 (fmt, ). (Entered: 06/04/2007)	June 4, 2007	June 4, 2007 RECAP
42	RESPONSE to Motion re 38 MOTION for Protective Order Plaintiffs' Answer in Opposition to Protective Order and Cross Motion filed by Robert W. Jackson, III. (Attachments: # 1 Text of Proposed Order)(Wiseman, Michael) (Entered: 06/07/2007) 1 Text of Proposed Order View on PACER	June 7, 2007	June 7, 2007 RECAP
43	ORDER Motions terminated: MOTION to Compel is withdrawn without prejudice to renew filed by Robert W. Jackson, III, GRANTING 39 MOTION to Continue Plaintffs' Motion to Amend Discovery Schedule and for a New Trial Date filed by Robert W. Jackson, III, GRANTING 38 MOTION for Protective Order filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard. ReSetting Scheduling Order Deadlines: Pretrial Conference set for 10/1/2007 04:30 PM in Courtroom 6B before Honorable Sue L. Robinson.All discovery (fact and expert) due by 10/1/2007.Bench Trial set for 10/9/2007 09:30 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 6/8/07. (rld) (Entered: 06/08/2007)	June 8, 2007	June 8, 2007 RECAP
44	NOTICE OF SERVICE of Defendants' First Set of Interrogatories by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll.(Smith, Gregory) (Entered: 06/08/2007)	June 8, 2007	June 8, 2007 RECAP
45	NOTICE OF SERVICE of Defendants' First Request for Production of Documents by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll.(Smith, Gregory) (Entered: 06/08/2007)	June 8, 2007	June 8, 2007 RECAP
46	TRANSCRIPT of Telephone Conference held on 6/8/07 before Judge Robinson. Court Reporter: V. Gunning. (Transcript on file in Clerk's Office) (fmt) (Entered: 06/18/2007)	June 15, 2007	June 15, 2007 PACER
47	NOTICE of Discovery by Robert W. Jackson, III Notice of Response to Interrogatories (Wiseman, Michael) (Entered: 07/09/2007)	July 9, 2007	July 9, 2007 RECAP
48	NOTICE of Discovery by Robert W. Jackson, III Notice of Production of Documents (Wiseman, Michael) (Entered: 07/09/2007)	July 9, 2007	July 9, 2007 RECAP
49	MOTION to Take Deposition of Robert W. Jackson on August 8, 2007 - filed by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Compliance --service)(Smith, Gregory) (Entered: 07/12/2007) 1 Text of Proposed Order View on PACER 2 Certificate of Compliance --service View on PACER	July 12, 2007	July 12, 2007 RECAP
50	NOTICE to Take Deposition of Robert Jackson on August 8, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 07/20/2007) 1 Certificate of Compliance --service View on PACER	July 20, 2007	July 20, 2007 RECAP
51	NOTICE to Take Deposition of Dr. Steven Katz on August 9, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 07/20/2007) 1 Certificate of Compliance --service View on PACER	July 20, 2007	July 20, 2007 RECAP
52	NOTICE to Take Deposition of John Senders on August 27, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 07/20/2007) 1 Certificate of Compliance --service View on PACER	July 20, 2007	July 20, 2007 RECAP
53	NOTICE to Take Deposition of Dr. Deborah Mash on September 7, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 07/20/2007) 1 Certificate of Compliance --service View on PACER	July 20, 2007	July 20, 2007 RECAP
54	NOTICE to Take Deposition of Dr. Mark Heath on September 22, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 07/20/2007) 1 Certificate of Compliance --service View on PACER	July 20, 2007	July 20, 2007 RECAP
55	MOTION to Amend/Correct Plaintiffs' Motion to Amend Complaint - filed by Robert W. Jackson, III. (Attachments: # 1 Amended Complaint Proposed Amendment# 2 Text of Proposed Order)(Wiseman, Michael) (Entered: 08/15/2007) 1 Amended Complaint Proposed Amendment View on PACER 2 Text of Proposed Order View on PACER	Aug. 15, 2007	Aug. 15, 2007 RECAP
56	OPENING BRIEF in Support re 55 MOTION to Amend/Correct Plaintiffs' Motion to Amend Complaint filed by Robert W. Jackson, III.Answering Brief/Response due date per Local Rules is 9/4/2007. (Wiseman, Michael) (Entered: 08/15/2007)	Aug. 15, 2007	Aug. 15, 2007 RECAP
57	NOTICE OF SERVICE of Document Production re 16 Notice of Service, 37 Notice of Service,, 35 Notice of Service, 24 Response to Discovery by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. Related document: 16 Notice of Service, filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard, 37 Notice of Service,, filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard, 35 Notice of Service, filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard, 24 Response to Discovery filed by Stanley W. Taylor, Jr., Thomas L. Carroll, Paul Howard. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 08/16/2007) 1 Certificate of Compliance --service View on PACER	Aug. 16, 2007	Aug. 16, 2007 RECAP
58	NOTICE to Take Deposition of Dr. Dershwitz on Sept. 10, 2007 by Robert W. Jackson, III.(Wiseman, Michael) (Entered: 08/16/2007)	Aug. 16, 2007	Aug. 16, 2007 RECAP
59	ANSWERING BRIEF in Opposition re 55 MOTION to Amend/Correct Plaintiffs' Motion to Amend Complaint filed by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll.Reply Brief due date per Local Rules is 9/4/2007. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 08/23/2007) 1 Certificate of Compliance --service View on PACER	Aug. 23, 2007	Aug. 23, 2007 RECAP
60	MOTION to Withdraw 56 Opening Brief in Support, 55 MOTION to Amend/Correct Plaintiffs' Motion to Amend Complaint Plaintiffs' Notice of Withdrawl with Prejudice of Motion to Amend Complaint and Brief in Support - filed by Robert W. Jackson, III. (Wiseman, Michael) (Entered: 08/26/2007)	Aug. 26, 2007	Aug. 26, 2007 RECAP
61	NOTICE to Take Deposition of Dr. Mark Dershwitz on September 24, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 08/28/2007) 1 Certificate of Compliance --service View on PACER	Aug. 28, 2007	Aug. 28, 2007 RECAP
62	NOTICE OF SERVICE of Document Production re 57 Notice of Service,,,, by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. Related document: 57 Notice of Service,,,, filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 08/31/2007) 1 Certificate of Compliance --service View on PACER	Aug. 31, 2007	Aug. 31, 2007 RECAP
63	Notice of Deposition of Burris by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)	Sept. 3, 2007	Sept. 3, 2007 RECAP
64	Notice of Deposition of Carroll by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)	Sept. 3, 2007	Sept. 3, 2007 RECAP
65	Notice of Deposition of Danberg by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)	Sept. 3, 2007	Sept. 3, 2007 RECAP
66	Notice of Deposition of John Doe II by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)	Sept. 3, 2007	Sept. 3, 2007 RECAP
67	Notice of Deposition of John Doe III by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)	Sept. 3, 2007	Sept. 3, 2007 RECAP
68	Notice of Deposition of Kearney by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)	Sept. 3, 2007	Sept. 3, 2007 RECAP
69	Notice of Deposition of Other Unkown Individuals Who Participated in Creation of New Injection Procedure by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)	Sept. 3, 2007	Sept. 3, 2007 RECAP
70	NOTICE OF SERVICE of Notice of Service of Fourth Discovery Request by Robert W. Jackson, III.(Wiseman, Michael) (Entered: 09/03/2007)	Sept. 3, 2007	Sept. 3, 2007 RECAP
71	Notice of Tour by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)	Sept. 3, 2007	Sept. 3, 2007 RECAP
72	Notice of Deposition of Pierce by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)	Sept. 3, 2007	Sept. 3, 2007 RECAP
73	NOTICE to Take Deposition of Dr. Mark Heath on September 22, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 09/14/2007) 1 Certificate of Compliance --service View on PACER	Sept. 14, 2007	Sept. 14, 2007 RECAP
74	Letter to Honorable Sue L. Robinson from Wiseman regarding Letter Brief on Discovery. (Attachments: # 1 Exhibit Transcript of Carroll Deposition 9-18-07)(Wiseman, Michael) (Entered: 09/19/2007) 1 Exhibit Transcript of Carroll Deposition 9-18-07 View on PACER	Sept. 19, 2007	Sept. 19, 2007 RECAP
75	NOTICE of Notice of Supplemental Authority Relating to Letter Brief by Robert W. Jackson, III re 74 Letter Supplemental Authority (Attachments: # 1 Exhibit Opinion in Harbison v. Little)(Wiseman, Michael) (Entered: 09/20/2007) 1 Exhibit Opinion in Harbison v. Little View on PACER	Sept. 20, 2007	Sept. 20, 2007 RECAP
76	MEMORANDUM in Opposition to D.I. 74 to Plainitffs' Letter Brief filed by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll.Reply Brief due date per Local Rules is 10/1/2007. (Smith, Gregory) Modified on 9/20/2007 (fmt, ). Modified on 9/20/2007 (fmt, ). (Entered: 09/20/2007)	Sept. 20, 2007	Sept. 20, 2007 RECAP
77	Letter to Hon. Sue L. Robinson from Wiseman regarding Reply to Defendants' Memorandum Response - re 76 Memorandum in Opposition, 74 Letter. (Wiseman, Michael) (Entered: 09/20/2007)	Sept. 20, 2007	Sept. 20, 2007 RECAP
78	ORDER court adopts the standard of review articulated by the USCA for the 8th Circuit re lethal injection protocol. SEE Order for further details. Signed by Judge Sue L. Robinson on 9/21/07. (rlp) (Entered: 09/21/2007)	Sept. 21, 2007	Sept. 21, 2007 RECAP
79	NOTICE OF SERVICE of Defendants' Response to Plaintiffs' Third Discovery Request by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll.(Smith, Gregory) (Entered: 09/21/2007)	Sept. 21, 2007	Sept. 21, 2007 RECAP
80	ORDER postponing the trial and pretrial in this action based on the U.S. Supreme Court having granted the petition for a writ of certiorari in a related matter. Signed by Judge Sue L. Robinson on 9/26/07. (rlp) (Entered: 09/26/2007)	Sept. 26, 2007	Sept. 26, 2007 RECAP
81	NOTICE OF SERVICE of Response to Request for Production of Documents re 62 Notice of Service,, by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. Related document: 62 Notice of Service,, filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard.(Smith, Gregory) (Entered: 10/05/2007)	Oct. 5, 2007	Oct. 5, 2007 RECAP
82	NOTICE OF SERVICE of Defendant's Response to Plainitff's Fourth Discovery Request by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 03/28/2008) 1 Certificate of Compliance --service View on PACER	March 28, 2008	March 28, 2008 RECAP
83	ORDER Setting Hearings( In Chambers Conference set for 5/14/2008 10:30 AM before Judge Sue L. Robinson.). See order for further details. Signed by Judge Sue L. Robinson on 4/17/08. (fmt) (Entered: 04/17/2008)	April 17, 2008	April 17, 2008 RECAP
84	TRANSCRIPT of Telephone Conference held on 9/26/2007 before Judge Robinson. Court Reporter: V. Gunning. (Transcript on file in Clerk's Office) (nfn) (Entered: 04/21/2008)	April 21, 2008	April 21, 2008 PACER
85	ORDER - The location of the status conference scheduled for Wednesday, May 14, 2008 at 10:30 A.M. has been changed to commence in courtroom 6B, on the sixth floor of the J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, Delware. ORDER,terminating Deadlines and Hearings:, ORDER, Setting Deadlines/Hearings ( Status Conference set for 5/14/2008 10:30 AM in Courtroom 6B before Judge Sue L. Robinson.). Signed by Judge Sue L. Robinson on 4/30/2008. (nmf) (Entered: 04/30/2008)	April 30, 2008	April 30, 2008 RECAP
86	NOTICE OF SUBSTITUTION OF COUNSEL re Robert W. Jackson, III: Entry of appearance of attorney Michael Wiseman. Attorney Megan McCracken terminated. (Wiseman, Michael) (Entered: 05/13/2008)	May 13, 2008	May 13, 2008 RECAP
87	ORDER, A pretrial conference is scheduled for Monday, June 23, 2008 at 2:30 p.m. On or before June 6, 2008, the parties shall file written submissions detailing: (1) the issues to be considered; (2) the witnesses/experts to be presented; and (3) the availability of said witnesses/experts. Signed by Judge Sue L. Robinson on 5/19/2008. (nmf) (Entered: 05/19/2008)	May 19, 2008	May 19, 2008 RECAP
88	Transcript of Hearing held on May 14, 2008 before Judge Robinson. Court Reporter/Transcriber Valerie Gunning,Telephone number 302-573-6194. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/12/2008. Redacted Transcript Deadline set for 6/23/2008. Release of Transcript Restriction set for 8/20/2008. (vjg) (Entered: 05/22/2008)	May 22, 2008	May 22, 2008 RECAP
89	PRETRIAL MEMORANDUM by Robert W. Jackson, III. (Attachments: # 1 Exhibit Redacted Kentucky Protocol)(Wiseman, Michael) (Entered: 06/06/2008) 1 Exhibit Redacted Kentucky Protocol View on PACER	June 6, 2008	June 6, 2008 RECAP
90	PRETRIAL MEMORANDUM by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Exhibit Delaware Execution Protocol - Attachment #1, # 2 Exhibit Kentucky Lethal Injection Protocol (Redacted), # 3 Exhibit Comparison of Kentucky and Delaware Lethal Injection Protocols, # 4 Exhibit Excerpts from Plaintiffs' Response to Interrogatories, # 5 Exhibit Excerpt from Deposition of Steven M. Katz, M.D., # 6 Exhibit Excerpts from Deposition of Mark J. S. Heath, M.D., # 7 Exhibit Excerpts from Trial Deposition of Mark Dershwitz, M.D.)(McFarlan, Elizabeth) (Entered: 06/06/2008) 1 Exhibit Delaware Execution Protocol - Attachment #1 View on PACER 2 Exhibit Kentucky Lethal Injection Protocol (Redacted) View on PACER 3 Exhibit Comparison of Kentucky and Delaware Lethal Injection Protocols View on PACER 4 Exhibit Excerpts from Plaintiffs' Response to Interrogatories View on PACER 5 Exhibit Excerpt from Deposition of Steven M. Katz, M.D. View on PACER 6 Exhibit Excerpts from Deposition of Mark J. S. Heath, M.D. View on PACER 7 Exhibit Excerpts from Trial Deposition of Mark Dershwitz, M.D. View on PACER	June 6, 2008	June 6, 2008 RECAP
91	REPLY BRIEF Plaintiffs' Brief Reply to Defendants' Statement of Issues filed by Robert W. Jackson, III. (Attachments: # 1 Exhibit Slip Opinion, Ohio v. Rivera)(Wiseman, Michael) (Entered: 06/11/2008) 1 Exhibit Slip Opinion, Ohio v. Rivera View on PACER	June 11, 2008	June 11, 2008 RECAP
92	Letter to The Honorable Sue L. Robinson from Elizabeth R. McFarlan regarding Materials Requested by the Court - re Pretrial Conference - Final. (McFarlan, Elizabeth) (Entered: 06/24/2008)	June 24, 2008	June 24, 2008 RECAP
93	Transcript of pretrial conference held on June 23, 2008 before Judge Robinson. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/16/2008. Redacted Transcript Deadline set for 7/28/2008. Release of Transcript Restriction set for 9/23/2008. (vjg) (Entered: 06/25/2008)	June 25, 2008	June 25, 2008 PACER
94	Letter to Hon. Sue L. Robinson from Plaintiffs' Counsel regarding September 10 Trial. (Attachments: # 1 Exhibit Excerpt from Prior Protocols)(Wiseman, Michael) (Entered: 06/26/2008) 1 Exhibit Excerpt from Prior Protocols View on PACER	June 26, 2008	June 26, 2008 RECAP
95	ORDER, Setting Hearings( Evidentiary Hearing set for 9/10/2008 09:00 AM in Courtroom 6B before Judge Sue L. Robinson.) Each side will be allotted 2 hours. See order for further details. Signed by Judge Sue L. Robinson on 6/27/2008. (nmf) (Entered: 06/27/2008)	June 27, 2008	June 27, 2008 RECAP
96	MOTION Clarification of Court's Order re 95 Order, Set Hearings Plaintiffs' Motion to Clarify - filed by Robert W. Jackson, III. (Wiseman, Michael) (Entered: 07/09/2008)	July 9, 2008	July 9, 2008 RECAP
97	NOTICE of Notice Pursuant to Local Rule 7.1.1 by Robert W. Jackson, III re 96 MOTION Clarification of Court's Order re 95 Order, Set Hearings Plaintiffs' Motion to Clarify (Wiseman, Michael) (Entered: 07/09/2008)	July 9, 2008	July 9, 2008 RECAP
98	NOTICE of filing the following document(s) in paper format: Documents Produced in Discovery (FILED UNDER SEAL). Notice filed by Gregory E. Smith on behalf of Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) Modified on 7/21/2008 (lid). (Entered: 07/18/2008) 1 Certificate of Compliance service View on PACER	July 18, 2008	July 18, 2008 RECAP
132	(SEALED) Discovery Documents (2 boxes) re 95 Order (lid) (Entered: 03/12/2009)	July 18, 2008	July 18, 2008 PACER
99	NOTICE of filing the following document(s) in paper format: Unredacted Delaware Execution Protocol (FILED UNDER SEAL). Notice filed by Gregory E. Smith on behalf of all defendants (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) Modified on 7/21/2008 (lid). (Entered: 07/18/2008) 1 Certificate of Compliance service View on PACER	July 18, 2008	July 18, 2008 RECAP