Smith v. Hamm et al (DEATH PENALTY)
| Kenneth Eugene Smith |
| John Q. Hamm and Terry Raybon |
| 2:2023cv00656 |
| November 8, 2023 |
| US District Court for the Middle District of Alabama |
| R Austin Huffaker |
| Death Penalty - Habeas Corpus |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.
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Filing 68
NOTICE of Conventional Filing Under Seal by Kenneth Eugene Smith (Attachments: #1 UNREDACTED Version of #65 Supplemental Brief)(BES)
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Filing 66
POST-HEARING BRIEF IN OPPOSITION to Plaintiff Smith's #19 MOTION for Preliminary Injunction To Enjoin Defendants From Executing Mr. Smith by Nitrogen Hypoxia Using Their Protocol filed by John Q. Hamm, Terry Raybon. (Anderson, Richard) Modified on 1/5/2024 to reflect actual title. (DMN)
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Filing 65
SUPPLEMENTAL BRIEF in Support of #19 MOTION for Preliminary Injunction To Enjoin Defendants From Executing Mr. Smith by Nitrogen Hypoxia Using Their Protocol filed by Kenneth Eugene Smith. (Johnson, Andrew) Modified on 1/5/2024 to reflect actual title. (DMN)
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Filing 64
TEXT ORDER: Plaintiff's #63 Motion to File Under Seal is GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/29/2023. (no PDF attached to this entry) (BES)
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Filing 63
MOTION for Leave to File Under Seal by Kenneth Eugene Smith. (Johnson, Andrew)
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Filing 67
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Preliminary Injunction Hearing (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 12/20/2023, before Judge R. Austin Huffaker, Jr.. Court Reporter/Transcriber Dee Coker, Telephone number (334) 531-0686. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 1/18/2024. Redacted Transcript Deadline set for 1/29/2024. Release of Transcript Restriction set for 3/27/2024. (BES)
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Filing 62
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Motion Hearing held on 12/20/2023 re #19 MOTION for Preliminary Injunction (PDF available for court use only). (Court Reporter Dee Coker, (334) 799-1573, dee_coker@almd.uscourts.gov.) (Attachments: #1 Witness List, #2 Pl. Exhibit List, #3 PXA1, #4 PXA2, #5 PXA3, #6 PXA4, #7 PXA5, #8 PXA6, #9 PXA7, #10 PXA8, #11 PXA9, #12 PXA10, #13 PXA11, #14 PXA12, #15 PXA13, #16 PXA14, #17 PXA15, #18 PXA16, #19 PXA17, #20 PXA18, #21 PXA19, #22 PXA20 - Medical Records (Conventionally Filed), #23 PXA21, #24 PXA22, #25 PXA23, #26 PXA24, #27 PXA25, #28 PXA26, #29 PXA27, #30 PXA28, #31 PXA29, #32 PXA30 - Hamm Depo. Transcript (Conventionally Filed), #33 PXA31, #34 PXA32, #35 PXA33, #36 PXA34, #37 PXA35, #38 PXA36, #39 PXA37, #40 PXA38, #41 PXA39, #42 PXA40, #43 PXA41, #44 PXA42, #45 PXA43, #46 PXA44, #47 PXA45, #48 PXA47 - Video (Conventionally Filed), #49 PXA48 - Video (Conventionally Filed), #50 PXA49 - Video (Conventionally Filed), #51 PXA50 - Video (Conventionally Filed), #52 PXB1, #53 PXB2, #54 PXB3, #55 PXB4, #56 PXB5, #57 PXB7, #58 PXB8, #59 Defs. Exhibit List, #60 DX1, #61 DX2, #62 DX3, #63 DX4, #64 DX5, #65 DX6, #66 DX7, #67 DX8, #68 DX9, #69 DX10, #70 DX11, #71 DX12, #72 DX13 - Video (Conventionally Filed), #73 DX14 - Video (Conventionally Filed), #74 DX15 - Video (Conventionally Filed), #75 DX16 - Video (Conventionally Filed), #76 DX17 - Video (Conventionally Filed), #77 DX18 - Video (Conventionally Filed), #78 DX19 - Video (Conventionally Filed), #79 DX20 - Video (Conventionally Filed), #80 DX21 - Video (Conventionally Filed), #81 DX22 - Video (Conventionally Filed), #82 DX23 - Video (Conventionally Filed), #83 DX24, #84 DX25, #85 DX26, #86 DX27, #87 DX28, #88 DX29, #89 DX30, #90 DX31, #91 DX32, #92 DX33, #93 DX34, #94 DX35, #95 DX36, #96 DX37, #97 DX38, #98 DX39, #99 DX40, #100 DX41, #101 DX42, #102 DX43, #103 DX44, #104 DX45 - Video (Conventionally Filed), #105 DX46 - Video (Conventionally Filed), #106 DX47 - Video (Conventionally Filed), #107 DX48 - Video (Conventionally Filed), #108 DX49 - Video (Conventionally Filed), #109 DX50 - Conventionally Filed, #110 DX51 - Conventionally Filed, #111 DX52 - Conventionally Filed, #112 DX53, #113 PXB6 - Supp. Declaration of Porterfield (Conventionally Filed)) (DH)
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Filing 61
ORDER: It is ORDERED that the parties may file supplemental briefs on or before 12/29/2023, at 12:00 PM CST in support of their respective positions on the preliminary injunction in light of the evidence and arguments presented at the 12/20/2023 hearing, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/21/2023. (BES)
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Filing 60
NOTICE of Appearance by John Coleman Hensley, III on behalf of John Q. Hamm, Terry Raybon (Hensley, John)
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Filing 59
NOTICE of Conventional Filing Under Seal by Kenneth Eugene Smith re #54 Reply Brief, (Attachments: #1 Combined Reply (FILED UNDER SEAL), #2 Exhibit 1 (FILED UNDER SEAL), #3 Exhibit 3 (FILED UNDER SEAL), #4 Exhibit 5 (FILED UNDER SEAL))(cwl, )
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Filing 58
NOTICE of Filing in Related Case by Kenneth Eugene Smith (Attachments: #1 Exhibit A - Petition for Writ of Certiorari, #2 Exhibit B - Motion for Expedited Ruling)(Johnson, Andrew) Modified on 12/19/2023 to clarify text (cwl, ).
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Filing 57
RESPONSE to Motion re #54 MOTION to Strike the Opinions of Dr. Joseph Antognini #52 Witness list filed by John Q. Hamm, Terry Raybon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Anderson, Richard) Modified on 12/19/2023 to add link (cwl, ).
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Filing 56
TEXT ORDER: For good cause, it is ORDERED that a status conference by telephone is SET for December 19, 2023, at 10:30 AM. A clerk shall provide counsel with the call-in number. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/19/2023. (furn: calendar, ww, lw) (no pdf attached)(cwl, )
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Filing 55
TEXT ORDER: For good cause, it is ORDERED that the Motion for Leave to File Under Seal (Doc. #53 ) is GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/18/2023. (no pdf attached) (cwl, )
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Filing 54
REPLY BRIEF re #41 MOTION to Compel Responses to Discovery Requests Under Federal Rule of Civil Procedure 37(a) and Motion to Strike the Opinions of Dr. Joseph Antognini filed by Kenneth Eugene Smith. (Attachments: #1 Exhibit Ex. 1 - Filed Under Seal, #2 Exhibit Ex. 2 - Nitrogen Induced Hypoxia as a Form of Capital Punishment, #3 Exhibit Ex. 3 - Filed Under Seal, #4 Exhibit Ex. 4 - Assisted Suicide by Oxygen Deprivation, #5 Exhibit Ex. 5 - Filed Under Seal)(Johnson, Andrew)
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Filing 53
MOTION for Leave to File Under Seal re #54 REPLY BRIEF by Kenneth Eugene Smith. (Johnson, Andrew) Modified on 12/18/2023 to add link (cwl, ).
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MOTION to Strike the Opinions of Dr. Joseph Antognini #52 Witness List by Kenneth Eugene Smith. (no pdf attached - see doc #54 for pdf) (cwl, )
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Filing 52
Witness List by John Q. Hamm, Terry Raybon. (Anderson, Richard)
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Filing 51
Witness List by Kenneth Eugene Smith. (Johnson, Andrew)
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Filing 50
REPLY to Response to Motion re #39 COMBINED MOTION to Dismiss filed by John Q. Hamm, Terry Raybon. (Anderson, Richard) Modified on 12/18/2023 to add link (cwl, ).
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Filing 49
TEXT ORDER: Upon consideration of Plaintiff's Motion to Compel (Doc. #41 ), and for good cause, it is ORDERED that Plaintiff's shall file a reply brief to Defendant's Response (Doc. #48 ) on or before 12/18/2023 at 10:00 AM CT. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/14/2023. (dmn, ) (no pdf)
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Filing 48
OBJECTION to Plaintiff's #41 Motion to Compel Responses filed by John Q. Hamm, Terry Raybon. (Anderson, Richard) Modified on 12/14/2023 to clarify text. (dmn, )
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Filing 46
TEXT ORDER: For good cause, it is ORDERED that the Motion for Leave to File Under Seal (Doc. #45 ) is GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/12/2023. (no pdf attached) (cwl, )
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Filing 45
MOTION for Leave to File Under Seal by Kenneth Eugene Smith. (Johnson, Andrew)
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Filing 47
NOTICE of Conventional Filing Under Seal by Kenneth Eugene Smith re #44 Reply Brief, 46 Order (Attachments: #1 Response to Motion to Dismiss (FILED UNDER SEAL), #2 Exhibit 5 (FILED UNDER SEAL), #3 Exhibit 8 (FILED UNDER SEAL))(cwl, )
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Filing 44
REPLY BRIEF re #39 Response to Order,, Response to Motion, to Defendants' Motion to Dismiss & Reply in Further Support of Plaintiff's Motion for Preliminary Injunction filed by Kenneth Eugene Smith. (Attachments: #1 Exhibit 1 - Status Conference Transcript, #2 Exhibit 2 - Defs' Motion to Dismiss, #3 Exhibit 3 - Wolf Correspondence, #4 Exhibit 4 - Defs' Motion to Dismiss & MSJ, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Brief of Appellee, #7 Exhibit 7 - Executive Summary, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - Safety Data Sheet, #10 Exhibit 10 - Mojo 2, #11 Exhibit 11 - Application for Rehearing & Brief)(Johnson, Andrew)
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Filing 43
NOTICE of Decision in Related Case by Kenneth Eugene Smith (Attachments: #1 Exhibit A - Alabama Court of Criminal Appeals Decision)(Johnson, Andrew) Modified on 12/8/2023 to clarify text (cwl, ).
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Filing 42
TEXT ORDER: Upon consideration of the Plaintiff's Motion to Compel (Doc. #41 ) and for good cause, it is ORDERED that the Defendants shall respond on or before 12/13/2023. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/8/2023. (no pdf attached)(cwl, )
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Filing 41
MOTION to Compel Responses to Discovery Requests Under Federal Rule of Civil Procedure 37(a) by Kenneth Eugene Smith. (Attachments: #1 Exhibit A - 30(b) Notice of Deposition)(Johnson, Andrew)
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COMBINED MOTION to Dismiss by John Q. Hamm, Terry Raybon. (dmn, ) (no pdf, see Doc. #39 ; wrong event code selected when originally filed)
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COMBINED RESPONSE to #19 MOTION for Preliminary Injunction To Enjoin Defendants From Executing Mr. Smith by Nitrogen Hypoxia Using Their Protocol filed by John Q. Hamm, Terry Raybon. (dmn, ) (no pdf, see Doc. #39 )
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Filing 40
TEXT ORDER: Upon review of Defendants' unopposed #38 Motion to Accept Filing, and for good cause, it is ORDERED that the motion is GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/4/2023. (no pdf attached) (cwl, )
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Filing 39
COMBINED MOTION TO DISMISS AND RESPONSE TO #19 MOTION FOR PRELIMINARY INJUNCTION filed in Response to #25 Order filed by John Q. Hamm, Terry Raybon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Anderson, Richard) Modified on 12/7/2023 to clarify text. (dmn, )
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Filing 38
MOTION to Accept Filing #39 Combined Motion to Dismiss and Response to Motion for Preliminary Injunction by John Q. Hamm, Terry Raybon. (Anderson, Richard) Modified on 12/7/2023 to create link. (dmn, )
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Filing 36
NOTICE of Appearance by Jordan Shay Shelton on behalf of John Q. Hamm, Terry Raybon (Shelton, Jordan)
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Filing 35
NOTICE of Appearance by Henry Mitchell Johnson on behalf of John Q. Hamm, Terry Raybon (Johnson, Henry)
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Filing 34
NOTICE of Appearance by Beth Jackson Hughes on behalf of John Q. Hamm, Terry Raybon (Hughes, Beth)
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Filing 33
NOTICE of Appearance by Polly Spencer Kenny on behalf of John Q. Hamm, Terry Raybon (Kenny, Polly)
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Filing 37
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONE STATUS CONFERENCE Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on November 21, 2023, before Judge R. Austin Huffaker, Jr. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-322-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 12/19/2023. Redacted Transcript Deadline set for 12/29/2023. Release of Transcript Restriction set for 2/26/2024. (dmn, )
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Filing 32
NOTICE of Conventional Filing Under Seal by Kenneth Eugene Smith (Attachments: #1 Unredacted Second Amended Complaint (FILED UNDER SEAL), #2 Exhibit 1 (FILED UNDER SEAL))(cwl, )
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Filing 31
Second Amended Inmate 1983 COMPLAINT against John Q. Hamm, Terry Raybon, filed by Kenneth Eugene Smith. (Attachments: #1 Exhibit 1 - Execution Procedures (redacted), #2 Exhibit 2 - Emails RE unredacted protocol, #3 Exhibit 3 - Emails RE single walk status, #4 Exhibit 4 - Emails RE exercise of religion)(Johnson, Andrew) Modified on 11/28/2023 to clean up text (cwl, ).
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Filing 30
ORDER: The Court previously set a hearing on the Plaintiff's Motion for Preliminary Injunction for December 20, 2023, at 9:00 AM CST in Courtroom 2D of the Frank M. Johnson, Jr. U.S. Courthouse, One Church Street, Montgomery, Alabama. Accordingly, it is ORDERED as follows: (1) To the extent Plaintiff requests a transport order, the Motion is GRANTED. The persons having custody of Plaintiff Kenneth Eugene Smith shall arrange for his in-person appearance at and for the duration of the hearing scheduled in this matter. (2) To the extent Plaintiff requests a brief meeting with counsel prior to the hearing, the Motion is GRANTED. Counsel will be allowed to meet with Plaintiff 30 minutes prior to the start of the hearing. The persons having custody of Plaintiff shall ensure he is available to meet with his counsel at or before 8:30 AM CST in the Frank M. Johnson, Jr. U.S. Courthouse. (3) To the extent Plaintiff requests a brief meeting with counsel after the hearing, the Motion is GRANTED. Counsel will be allowed to meet with Plaintiff for up to one hour after the hearing concludes. The persons having custody of Plaintiff shall ensure he is available to meet with his counsel for up to ONE HOUR in the Frank M. Johnson, Jr. U.S. Courthouse following the hearing. (4) The Clerk is DIRECTED to provide a copy of this order to the transfer agent for the Alabama Department of Corrections and to the United States Marshal. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/28/2023. (furn: US Marshal & ALDOC Transfer Agent) (cwl, )
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Filing 29
MOTION for Order Transporting Kenneth Eugene Smith to the Frank M. Johnson, Jr. U.S. Courthouse and for Reasonable Access to His Counsel by Kenneth Eugene Smith. (Johnson, Andrew)
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Filing 28
ORDER: Before the Court is Plaintiff's Motion for Leave to Serve Discovery, for Expedited Discovery, and for a Scheduling Order Under FRCP 26 and 16. (Doc. #20 .) The Defendants oppose the motion in part, and therefore the motion is ripe for review. Plaintiff's motion is due to be granted in part. According to the Plaintiff, expedited discovery is warranted because he is set to be executed on 1/25/2024, by a novel method of execution that has yet to be used anywhere else in the United States. To the extent the Defendants believe that Plaintiff's discovery requests are objectionable, the Defendants may make appropriate objections to those requests. However, the Defendants are REMINDED of their obligations under FRCP 26, 33, 34, and 37. Frivolous, conclusory, general meritless, or boilerplate objections will not be tolerated. Plaintiff has demonstrated good cause for limited expedited discovery. Accordingly, it is ORDERED as follows: 1. Plaintiff's motion is GRANTED to the extent Plaintiff seeks limited expedited discovery as further set out in the order. Each party shall respond to the discovery request as soon as the responses are ready but no later than 12/6/2023. 2. If the Court denies the anticipated motions to dismiss, the parties shall conduct their planning meeting and shall submit a report of that planning meeting within fourteen (14) days of the Court's order. 3. The Plaintiff is permitted to take three (3) depositions, and the Defendants are permitted to take three (3) depositions. 4. Plaintiff's counsel is permitted to, and the Defendants shall make available for inspection, the mask to be used in the execution on or by 12/11/2023. 5. Nothing contained in this Order shall be interpreted as an order from this Court that a bona fide objection to any of the discovery requests should not be made or that such an objection has been or will be overruled. To the contrary, the Defendants are permitted to lodge what they deem are appropriate objections to any requested discovery, just as they would during the course of discovery on a non-expedited basis. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/24/2023. (dmn, )
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Filing 27
RESPONSE in Opposition re #20 MOTION for Leave to Serve Discovery, for Expedited Discovery, and for a Scheduling Order Under FRCP 26 and 16 (Defendants' Response in Opposition to Plaintiff's Motion for Expedited Discovery) filed by John Q. Hamm, Terry Raybon. (Attachments: #1 Exhibit A)(Anderson, Richard)
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Filing 25
ORDER: For the reasons stated at the 11/21/2023 telephone status and scheduling conference, and for good cause, it is ORDERED as follows: 1. The Defendants shall file their Response to the Plaintiff's Motion for Preliminary Injunction to Enjoin Defendants from Executing Mr. Smith by Nitrogen Hypoxia Using Their Protocol (Doc. #19 ) and file their responsive pleading, including any motions to dismiss, to the operative Amended Complaint on or before 12/4/2023, at 10:00 a.m. CST. 2. Plaintiff may file a Reply to Defendants' Response to the motion for preliminary injunction and shall respond to Defendants' motion(s) to dismiss, if any, on or before 12/11/2023 at 10:00 a.m. CST. 3. The Defendants may file a reply to Plaintiff's response to their motion(s) to dismiss, if any, on or before 12/15/2023, at 10:00 a.m. CST. 4. A hearing on the motion for preliminary injunction is SET for 12/20/2023 at 09:00 AM CST, in CR 2D in Montgomery, AL before Honorable Judge R. Austin Huffaker Jr. The Clerk of Court is DIRECTED to provide a court reporter for this proceeding. 5. If any party anticipates calling any witnesses at the hearing, that party shall file a Witness List on or before 12/15/2023. 6. All written submissions shall be in 14-point type, Times New Roman font, except that footnotes may be in 12-point type. Briefs or motions that exceed thirty (30) pages shall include a table of contents, a table of authorities, and delineated sections. Absent a specific order of this Court, courtesy copies are not requested in this matter. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/22/2023. Furnished calendar, WW, LW.(dmn, )
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Filing 24
ORDER: Pending before the Court is Plaintiff's Motion for Leave to Serve Discovery, for Expedited Discovery, and for a Scheduling Order Under FRCP 26 and 16. (Doc. #20 .) The Defendants shall show cause on or by Friday, 11/24/2023, at 3:00 p.m. CT as to why the motion should not be granted. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/22/2023. (dmn, )
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Filing 26
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Status Conference held on 11/21/2023 (PDF available for court use only). (Court Reporter Patricia Starkie, (334) 322-8053, patricia_starkie@almd.uscourts.gov.) (ww)
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Filing 23
ORDER: Consistent with the Protective Order entered on 11/21/2023, the representations made during the 11/21/2023 telephonic hearing, and for good cause, it is ORDERED that the Defendants shall submit an unredacted version of the ADOC's current nitrogen hypoxia execution protocol on or before 11/22/2023 at 1:00 PM CT to (1) the Court and (2) Robert Grass, Esq. (Plaintiff's counsel). The Defendants shall, in a single email, transmit the document to the undersigned's chambers at propord_huffaker@almd.uscourts.gov and to Mr. Grass at Robert.grass@arnoldporter.com. Plaintiff's counsel shall treat the document in strict accordance with the confidentiality designation given it by the Defendants as required by the Protective Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/21/2023. (dmn, )
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Filing 22
PROTECTIVE ORDER (with Exhibit A) as further set out in the order. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/21/2023. (dmn, )
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Filing 21
TEXT ORDER: It is ORDERED that a Status and Scheduling Conference by telephone is SET for 11/21/2023 at 01:30 PM before Honorable Judge R. Austin Huffaker Jr. The Courtroom Deputy will provide counsel with the teleconference number. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/21/2023. Furnished calendar, WW, LW.(dmn, )
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FIRST Amended Inmate 1983 COMPLAINT against John Q. Hamm, Terry Raybon, filed by Kenneth Eugene Smith.(dmn, ) (no pdf, see Doc. #16 ; wrong event selected when originally filed)
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***Attorney David Ari Kerschner added for Kenneth Eugene Smith. (dmn, ) (no pdf, see Doc. #15 )
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Filing 20
MOTION for Leave to Serve Discovery, for Expedited Discovery, and for a Scheduling Order Under FRCP 26 and 16 by Kenneth Eugene Smith. (Attachments: #1 Exhibit 1- First Request for Documents, #2 Exhibit 2- First Request for Interrogatories, #3 Exhibit 3- Governor Letter)(Johnson, Andrew) Modified on 11/21/2023 to clarify text. (dmn, )
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Filing 19
MOTION for Preliminary Injunction To Enjoin Defendants From Executing Mr. Smith by Nitrogen Hypoxia Using Their Protocol by Kenneth Eugene Smith. (Attachments: #1 Exhibit A- Young Declaration with Exhibits, #2 Exhibit B- Nitschke Declaration with Exhibits, #3 Exhibit C- Porterfield Declaration, #4 Exhibit D- Smith Barber Declaration, #5 Exhibit E- Letter from Ivey Setting Date, #6 Exhibit F- Second Petition for Relief, #7 Exhibit G- Spiritual Advisor Form, #8 Exhibit H- Groner Declaration with Exhibits)(Johnson, Andrew)
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Filing 18
NOTICE of Correction re #16 Amended Complaint. This notice is docketed to enter the attachments Exhibit 1 and Exhibit 2 to the referenced document into the record. The attachments were erroneously omitted when the Amended Complaint was filed. The attachments Exhibit 1 and Exhibit 2 are attached to this notice. (Attachments: #1 Exhibit 1 to #16 Amended Complaint, #2 Exhibit 2 to #16 Amended Complaint)(dmn, )
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Filing 17
TEXT ORDER granting #15 Motion to Admit David Kerschner Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/20/2023. (dmn, ) (no pdf)
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Filing 16
[DISREGARD, INCORRECT EVENT SELECTED DURING E-FILING. SEE CORRECTED DOCKET ENTRY.] AMENDED COMPLAINT FIrst Amended Complaint against John Q. Hamm, Terry Raybon, filed by Kenneth Eugene Smith.(Johnson, Andrew) (Attachment(s) added on 11/20/2023 due to being omitted when amended complaint filed: #1 Exhibit 1, ADOC Execution Procedures, #2 Exhibit 2, Email between A Johnson and R Anderson) (dmn, ). Modified on 11/20/2023. (dmn, ) Modified on 11/30/2023 to correct event type. (dmn, )
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Filing 15
Motion for David Ari Kerschner to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3540633.) by Kenneth Eugene Smith. (Attachments: #1 Exhibit Certificate of Good Standing)(Johnson, Andrew) Modified on 11/20/2023 to include attorney name. (dmn, )
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Filing 14
AFFIDAVIT OF SERVICE/SUMMONS Returned Executed by Kenneth Eugene Smith. Terry Raybon served on 11/10/2023, answer due 12/1/2023. Richard D. Anderson has accepted service on behalf of Defendant Terry Raybon by agreement on 11/10/2023. (Johnson, Andrew) Modified on 11/14/2023 to reflect affidavit and clarify text. (dmn, )
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Filing 13
AFFIDAVIT OF SERVICE/SUMMONS Returned Executed by Kenneth Eugene Smith. John Q. Hamm served on 11/9/2023, answer due 11/30/2023. (Johnson, Andrew) Modified on 11/14/2023 to clarify text. (dmn, )
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Filing 12
TEXT ORDER granting the #11 Motion to Admit Jeffrey Horowitz Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/9/2023. (dmn, ) (no pdf)
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Filing 11
Motion for Jeffrey H. Horowitz to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3535963.) by Kenneth Eugene Smith. (Attachments: #1 Exhibit 1 - Cert of Good Standing)(Johnson, Andrew) Modified on 11/9/2023 to include attorney name. (dmn, )
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Filing 10
TEXT ORDER granting the #8 Motion to Admit Ashley Burkett Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/9/2023. (dmn, ) (no pdf)
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Filing 9
Corporate/Conflict Disclosure Statement by John Q. Hamm, Terry Raybon. (Anderson, Richard)
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Filing 8
Motion for Ashley Burkett to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3535775.) by Kenneth Eugene Smith. (Attachments: #1 Exhibit 1 - Cert of Good Standing)(Johnson, Andrew) Modified on 11/9/2023 to include attorney name. (dmn, )
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Filing 7
Corporate/Conflict Disclosure Statement by Kenneth Eugene Smith. (Johnson, Andrew)
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Filing 6
TEXT ORDER granting #5 Motion for Robert Grass to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/9/2023. (dmn, ) (no pdf)
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Filing 5
Motion for Robert Grass to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3535392.) by Kenneth Eugene Smith. (Attachments: #1 Exhibit 1 - Cert of Good Standing)(Johnson, Andrew) Modified on 11/9/2023 to include attorney name. (dmn, )
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Filing 4
NOTICE of Appearance by Richard Dearman Anderson on behalf of John Q. Hamm, Terry Raybon (Anderson, Richard)
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Filing 3
Summons Issued as to John Q. Hamm, Terry Raybon.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (dmn, )
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Filing 2
Case assigned to Honorable Judge R. Austin Huffaker, Jr. as presiding judge. (dmn, )
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Filing 1
[DISREGARD, INCORRECT EVENT SELECTED DURING E-FILING] COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AALMDC-3535130.), filed by Kenneth Eugene Smith. 90 day Rule 4m deadline set for 2/6/2024. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1 - Execution Procedures, #3 Exhibit 2 - Request for Unredacted Protocol, #4 Proposed Summons Summons - John Q. Hamm, #5 Proposed Summons Summons - Terry Raybon)(Johnson, Andrew) Modified on 11/8/2023 (dmn, ).
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Inmate 1983 COMPLAINT against John Q. Hamm, Terry Raybon, filed by Kenneth Eugene Smith.(dmn, ) (no pdf, see Doc. #1 ; wrong event selected when originally filed)
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