In Re: Ohio Execution Protocol Litigation

Filing 1259

SECOND NOTICE REGARDING PRIVATE AUTOPSY OF GARY OTTE - In light of Defendants Reply, the last sentence of the Notice (There is nothing pending for the Court to decide about the autopsy results and the Court will do nothing on this matterexcept pursu ant to a motion by one of the parties.) is WITHDRAWN. Because it asks for a court order, the Reply will be treated as a motion to compel. Because of the urgency of preparation for the Tibbetts-Campbell preliminary injunction hearing, Plaintiffs may f ile their memorandum in opposition to the motion not later than September 29, 2017, at 4:00 p.m. No further briefing will be considered on this issue in the absence of court permission on good causeshown re 1258 . Signed by Magistrate Judge Michael R. Merz on 9/26/17. (kma)

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 All Plaintiffs

SECOND NOTICE REGARDING PRIVATE AUTOPSY OF GARY
OTTE

This case is before the Court on Defendants’ Reply (ECF No. 1258) to Plaintiffs’
Response to Defendants’ Request for Autopsy Results (ECF No. 1254). Defendants’ Reply was
docketed within seconds of the Court’s Notice Regarding Private Autopsy of Gary Otte (ECF
No. 1257).
In light of Defendants’ Reply, the last sentence of the Notice (“There is nothing pending
for the Court to decide about the autopsy results and the Court will do nothing on this matter
except pursuant to a motion by one of the parties.”) is WITHDRAWN. Because it asks for a
court order, the Reply will be treated as a motion to compel. Because of the urgency of
preparation for the Tibbetts-Campbell preliminary injunction hearing, Plaintiffs may file their
memorandum in opposition to the motion not later than September 29, 2017, at 4:00 p.m.. No

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further briefing will be considered on this issue in the absence of court permission on good cause
shown.

September 26, 2017.
s/ Michael R. Merz
United States Magistrate Judge

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