Schad v. Brewer et al

Filing 21

ORDER denying 6 Motion for TRO; granting 14 Motion to Quash; denying as moot 19 Motion to Dismiss Motion for TRO. Signed by Senior Judge Roslyn O. Silver on 10/1/2013.(ROS, kb)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Edward Harold Schad, Jr. and
Robert Glen Jones, Jr.,

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Plaintiffs,
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vs.
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Janice K. Brewer, et al.,

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Defendants.

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No. CV-13-01962-PHX-ROS
DEATH PENALTY CASE
ORDER

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Plaintiffs Harold Schad, Jr., and Robert Glen Jones, Jr., have applied for a temporary

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restraining order. (Doc. 6, 16). Based on the standard applicable to such requests, and the

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evidence presented at the October 1, 2013 hearing, Plaintiffs have not carried their burden

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of establishing they are likely to succeed on the merits or, alternatively, that there are serious

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questions going to the merits. See Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127

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(9th Cir. 2011). A more complete order will be issued no later than October 4, 2013.

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Notwithstanding the denial of the temporary restraining order, Melvin Thomas will

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still be required to inform the Court of the identity of the person who showed him a letter

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allegedly threatening board members or the reasons the individual wishes to remain

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anonymous. If possible, Mr. Thomas shall obtain a copy of the letter and provide it to the

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parties. Defense counsel shall facilitate the filing of Mr. Thomas’ notice to the Court. If Mr.

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Thomas would prefer not to provide this information to the parties, he shall hand-deliver

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notice containing the information above to the Clerk’s office in an envelope addressed to the

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Court.

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Finally, Defendants moved to quash two subpoenas. The motion will be granted and

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the two existing subpoenas will be quashed. The Court notes that Federal Rule of Civil

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Procedure 26(d) prohibits a party from seeking discovery prior to the parties’ Rule 26(f)

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conference, except when authorized by court order. If Mr. Thomas is able to provide

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sufficient identifying information for Plaintiffs to issue a specific subpoena seeking that

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letter, Plaintiffs have leave of Court to issue such a subpoena.

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Accordingly,

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IT IS ORDERED the Motion for Temporary Restraining Order (Doc. 6) is DENIED.

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IT IS FURTHER ORDERED Defendants’ Oral Motion to Deny Motion for

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Temporary Restraining Order (Doc. 19) is DENIED AS MOOT.

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IT IS FURTHER ORDERED no later than October 3, 2013, Melvin Thomas shall

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file notice with the Court containing either a) the name of the individual who allowed him

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to view the letter or b) the reasons the individual wishes to remain anonymous.

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IT IS FURTHER ORDERED the Motion to Quash (Doc. 14) is GRANTED.

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DATED this 1st day of October, 2013.

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Roslyn O. Silver
Senior United States District Judge

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