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Schad v. Brewer

United States District Court, Ninth Circuit

September 27, 2013

Edward Harold Schad, Jr., Plaintiff,
v.
Janice K. Brewer, et al., Defendants.

ORDER

ROSLYN O. SILVER, Senior District Judge.

Plaintiff has moved for a temporary restraining order and a preliminary injunction to enjoin certain Defendants "from convening a reprieve/commutation hearing in his case." (Doc. 6 at 3). Plaintiff also seeks a stay of his execution. In his civil rights complaint, Plaintiff alleges that Defendants have a created a clemency process that is arbitrary and capricious, in violation of the Eighth and Fourteenth Amendments. Plaintiff further claims that Defendants' failure to comply with Arizona's open meetings law violates his rights under the Eighth and Fourteenth Amendments. Finally, Plaintiff alleges that Defendants conspired to deprive "high-profile inmates" access to executive clemency, in violation of the equal protection clause of the Fourteenth Amendment and, for death row inmates, the Eighth Amendment.

Because Plaintiff's execution is scheduled to take place on Wednesday, October 9, 2013, the Court finds good cause to order expedited briefing and an evidentiary hearing on Plaintiff's motion. If, when filing their opposition to Plaintiff's motion, Defendants wish to dispute the factual accuracy of the information set forth in the complaint and accompanying documents, the opposition should be accompanied by appropriate affidavits. Moreover, Defendants should be prepared to present live testimony at the evidentiary hearing. The hearing may be vacated or rescheduled upon a review of Defendants' submissions.

Accordingly,

IT IS ORDERED that Defendants shall file a response to Plaintiff's Motion for Temporary Restraining Order or a Preliminary Injunction no later than 9:00 a.m. on Monday, September 30, 2013. Defendants' response should be accompanied by the appropriate affidavits and should indicate whether Defendants are willing to reschedule Plaintiff's reprieve/commutation hearing for a date later than October 2, 2013, but prior to October 9, 2013. The response should also indicate which Defendants are available to testify on September 30, 2013, at 2:00 p.m. No reply is permitted absent further order of the Court.

IT IS FURTHER ORDERED that a hearing on Plaintiff's motion will be held on Monday, September 30, 2013, at 2:00 p.m. in Courtroom 604.

IT IS FURTHER ORDERED that the Clerk of Court shall forthwith email a copy of this Order as well as Plaintiff's Complaint for Equitable, Injunctive and Declaratory Relief (Doc. 1) and Plaintiff's Motion for Temporary Restraining Order or a Preliminary Injunction (Doc. 6), to Joseph Sciarrotta, Jr., General Counsel, Office of the Governor (jsciarrotta@az.gov); Kelly Gillilan-Gibson, Assistant Arizona Attorney General, Arizona Board of Executive Clemency (kelly.gillilan-gibson@azag.gov); and Brian Luse, Assistant Arizona Attorney General, Arizona Board of Executive Clemency (brian.luse@azag.gov).


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