Schad v. Brewer et al

Filing 7

ORDER 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 appro priate 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. FURTHER ORDERED that a hearing on Plaintiff's motion will be held on Monday, September 30, 2013, at 2:00 p.m. in Courtroom 6 04. FURTHER ORDERED that the Clerk of Court shall forthwith email a copy of this Order as well as Plaintiffs Complaint for Equitable, Injunctive and Declaratory Relief (Doc. 1) and Plaintiff' Motion for Temporary Restraining Order or a Prelimin ary Injunction (Doc. 6 ), to Joseph Sciarrotta, Jr., General Counsel, Office of the Governor; Kelly Gillilan-Gibson, Assistant Arizona Attorney General, Arizona Board of Executive Clemency; and Brian Luse, Assistant Arizona Attorney General, Arizona Board of Executive Clemency. Signed by Senior Judge Roslyn O Silver on 9/27/13. (MAP)

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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.,
Plaintiff,

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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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Plaintiff has moved for a temporary restraining order and a preliminary injunction to

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enjoin certain Defendants “from convening a reprieve/commutation hearing in his case.”

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(Doc. 6 at 3). Plaintiff also seeks a stay of his execution. In his civil rights complaint,

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Plaintiff alleges that Defendants have a created a clemency process that is arbitrary and

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capricious, in violation of the Eighth and Fourteenth Amendments. Plaintiff further claims

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that Defendants’ failure to comply with Arizona’s open meetings law violates his rights

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under the Eighth and Fourteenth Amendments. Finally, Plaintiff alleges that Defendants

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conspired to deprive “high-profile inmates” access to executive clemency, in violation of the

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equal protection clause of the Fourteenth Amendment and, for death row inmates, the Eighth

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Amendment.

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Because Plaintiff’s execution is scheduled to take place on Wednesday, October 9,

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2013, the Court finds good cause to order expedited briefing and an evidentiary hearing on

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Plaintiff’s motion. If, when filing their opposition to Plaintiff’s motion, Defendants wish to

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dispute the factual accuracy of the information set forth in the complaint and accompanying

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documents, the opposition should be accompanied by appropriate affidavits. Moreover,

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Defendants should be prepared to present live testimony at the evidentiary hearing. The

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hearing may be vacated or rescheduled upon a review of Defendants’ submissions.

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Accordingly,

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IT IS ORDERED that Defendants shall file a response to Plaintiff’s Motion for

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Temporary Restraining Order or a Preliminary Injunction no later than 9:00 a.m. on

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Monday, September 30, 2013. Defendants’ response should be accompanied by the

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appropriate affidavits and should indicate whether Defendants are willing to reschedule

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Plaintiff’s reprieve/commutation hearing for a date later than October 2, 2013, but prior to

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October 9, 2013. The response should also indicate which Defendants are available to testify

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on September 30, 2013, at 2:00 p.m. No reply is permitted absent further order of the Court.

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IT IS FURTHER ORDERED that a hearing on Plaintiff’s motion will be held on

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Monday, September 30, 2013, at 2:00 p.m. in Courtroom 604.

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IT IS FURTHER ORDERED that the Clerk of Court shall forthwith email a copy

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of this Order as well as Plaintiff’s Complaint for Equitable, Injunctive and Declaratory Relief

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(Doc. 1) and Plaintiff’s Motion for Temporary Restraining Order or a Preliminary Injunction

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(Doc. 6), to Joseph Sciarrotta, Jr., General Counsel, Office of the Governor

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([e-mail]); Kelly Gillilan-Gibson, Assistant Arizona Attorney General, Arizona

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Board of Executive Clemency ([e-mail]); and Brian Luse, Assistant

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Arizona Attorney General, Arizona Board of Executive Clemency ([e-mail]).

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DATED this 27th day of September, 2013.

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Roslyn O. Silver
Senior United States District Judge

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