Schad v. Brewer et al

Filing 28

ORDER denying 25 Plaintiffs' Request for Clarification. Signed by Senior Judge Roslyn O. Silver on 10/7/2013.(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-13-2001-PHX-ROS
DEATH PENALTY CASE

ORDER

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Plaintiffs have filed a Request for Clarification from Defendants (Doc. 25). Because

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they “believe” that Defendants Notice of Disclosure (Doc. 24) “may be faulty or inaccurate,”

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Plaintiffs ask the Court to direct Defendants to provide photographs of the drug labels to

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confirm that Defendants’ statements are true. They also request that Defendants be required

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to specify whether the pentobarbital to be used in Plaintiffs’ executions is Nembutal®. The

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Request is denied.

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In compliance with the Court’s order, Defendants disclosure provided the specific

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drug-information Plaintiffs requested. Although it was not supported by an affidavit, any

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false statement in the disclosure would constitute a Rule 11 violation. Plaintiffs’ conjecture

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and disbelief is therefore an insufficient reason to grant them additional injunctive relief.

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IT IS THEREFORE ORDERED denying Plaintiffs’ Request for Clarification from
Defendants (Doc. 25).
DATED this 7th day of October, 2013.

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Roslyn O. Silver
Senior United States District Judge

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