In Re: Ohio Execution Protocol Litigation

Filing 1418

ORDER re Motions to Intervene. Signed by Magistrate Judge Michael R. Merz on 2/7/2018. (MRM)

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.

ORDER

This consolidated § 1983 case is before the Court on Motions to Intervene of death row
inmates Caron Montgomery and Ashford Thompson (ECF Nos. 1416 & 1417). Both Motions
indicate that Defendants counsel “indicated that they would oppose any additional Motions to
Intervene.”
Prima facie the Motions seem well taken as these proposed intervenors appear to have
interests and issues in common with death row inmates already parties to this case. Furthermore,
the proposed intervenors are represented by counsel already involved in the case. Because
Defendants reside in the Southern District of Ohio, any new parallel case would be, the Court
presumes, filed in this District and consolidation with this pending case would appear to be
appropriate.

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Accordingly, it is hereby ORDERED that Defendants file any opposition to these two
Motions not later than Friday, February 9, 2018.
The proposed intervenors do not indicate any contact with counsel for Plaintiffs. Under S.
D. Ohio Civ. R. 7.3, they might reasonably be expected to consent. Accordingly, the Court will
presume consent by all present Plaintiffs unless any of them files an opposition by Friday, February
9, 2018.

February 7, 2018.
s/ Michael R. Merz
United States Magistrate Judge

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