In Re: Ohio Execution Protocol Litigation

Filing 1159

MODIFICATIONS TO ORDER REGARDING TESTING OF PHILLIPS' EXECUTION MATERIALS. Signed by Magistrate Judge Michael R. Merz on 8/17/2017. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
In re: OHIO EXECUTION
PROTOCOL LITIGATION,

:

Case No. 2:11-cv-1016
Chief Judge Edmund A. Sargus, Jr.
Magistrate Judge Michael R. Merz

This Order relates to Plaintiffs
Otte, Tibbetts, Campbell, and Van Hook

MODIFICATIONS TO ORDER REGARDING TESTING OF
PHILLIPS’ EXECUTION MATERIALS

This capital case is before the Court on Plaintiffs’ Corrected Emergency Objections and
Motion for Reconsideration of Order Regarding of Testing of Phillips’s [sic] Execution Materials
(ECF No. 1156).
An emergency hearing was held by telephone at 3:30 p.m. on Thursday, August 17, 2017.
At the conclusion of the hearing, the Court promised the parties a decision before the close of
business this date on possible modifications to the Order. This document modifies the Order, but
a more complete decision will be filed when the hearing has been transcribed.
In lieu of the option for testing provided in paragraph 4, it is now ordered that Defendants
choose a testing laboratory and have one-half of the medications vials tested for the quantity of
drugs remaining in them.

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The Court finds that no other changes to the Order are warranted.

August 17, 2017.
s/ Michael R. Merz
United States Magistrate Judge

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