MONTGOMERY v. BARR et al
| LISA MARIE MONTGOMERY |
| ROSALIND SARGENT-BURNS, JEFFREY A. ROSEN, DEPARTMENT OF JUSTICE, ALIX M MCLEAREN, WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, T. J. WATSON, OFFICE OF THE PARDON ATTORNEY, BARB VON BLACKENSEE and ALIX M. MCLEAREN |
| 1:2020cv03261 |
| November 12, 2020 |
| US District Court for the District of Columbia |
| Randolph D Moss |
| Prisoner Petition: Death Penalty (Habeas Corpus) |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on January 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 65 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #63 Notice of Appeal to DC Circuit Court. (zjf) |
| Filing 64 Emergency MOTION to Stay re #61 Memorandum & Opinion, #62 Order on Motion for Leave to File, (Plaintiff's Motion for Stay of Execution Pending Appeal) by LISA MARIE MONTGOMERY (Attachments: #1 Text of Proposed Order)(Schierenbeck, Alec) |
| Filing 63 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #61 Memorandum & Opinion, #62 Order on Motion for Leave to File, by LISA MARIE MONTGOMERY. Filing fee $ 505, receipt number ADCDC-8053143. Fee Status: Fee Paid. Parties have been notified. (Attachments: #1 Memorandum Opinion, #2 Order)(Schierenbeck, Alec) |
Filing 62
ORDER: For the reasons explained in the Court's memorandum opinion, Dkt. #61 , it is hereby ORDERED that Plaintiff's motion for leave to file, Dkt. #58 , is GRANTED. It is further ORDERED that Plaintiff's renewed motion for partial summary judgment, Dkt. [58-2], is DENIED. It is ORDERED that final judgment is entered with respect to Count II of Plaintiff's supplemental complaint. See attached document for details. Signed by Judge Randolph D. Moss on 01/08/2021. (lcrdm1)
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Filing 61
MEMORANDUM OPINION: For the reasons explained in the attached document, Plaintiff's renewed motion for partial summary judgment, Dkt. [58-2], is DENIED. A separate order will issue. See attached document for details. Signed by Judge Randolph D. Moss on 01/08/2021. (lcrdm1)
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MINUTE ORDER: Upon consideration of Plaintiff's motion for stay of execution pending appeal, Dkt. #64 , it is hereby ORDERED that the motion is DENIED. As Plaintiff notes in her motion, the Court has already "considered and rejected the arguments she presents in this motion," and she accordingly "welcome[s] the Court's summary disposition of this motion." Id. at 1. In deciding whether to grant a stay of execution pending appeal, the Court must consider the four-factor test set forth in Nken v. Holder and thus must evaluate: "'(1) whether the stay applicant has made a strong showing that [s]he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.'" Nken v. Holder, 556 U.S. 418, 426 (2009) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)). "The first factor is the 'most important.'" Jubilant DraxImage, Inc. v. U.S. Int'l Trade Comm'n, No. 19-cv-1494, 2020 WL 5816247, at *6 (D.D.C. Sept. 30, 2020) (quoting Aamer v. Obama, 742 F.3d 1023, 1038 (D.C. Cir. 2014)). "The last two factors, moreover, merge when the Government is the opposing party." Id. (internal quotation marks omitted). Here, the Court has already concluded that Plaintiff's claim fails on the merits. Dkt. #61 . Against this backdrop, Plaintiff's arguments as to the other prongs of Nken fail to convince the Court that a stay is appropriate. Although the Court recognizes that Plaintiff will lose her right to further litigate the questions addressed in this case absent a stay from this Court or a higher court, the D.C. Circuit concluded in a previous appeal that the Director of the Federal Bureau of Prisons complied with the governing regulations in setting her date of execution, and this Court concluded in its most recent decision that the Missouri rules relating to setting an execution date are not incorporated under the Federal Death Penalty Act ("FDPA"), 18 U.S.C. 3591 et seq. As a result, the Court cannot conclude that there is a risk that Plaintiff will be irreparably deprived of a right guaranteed by regulation or statute. Moreover, the Supreme Court has made clear that the mere fact that a prisoner has pending litigation is not sufficient reason to stay an execution where, as here, "the plaintiff[] [has] not established that [she is] likely to succeed on the merits." Barr v. Lee, 140 S. Ct. 2590, 2591 (2020) (per curiam). Lastly, the final two factors, the interests of the United States and the public, do not weigh in favor of granting a stay in light of the Court's rejection of Plaintiff's FDPA claim. For these reasons, as well as the Supreme Court's instruction that "[l]ast- minute stays... should be the extreme exception, not the norm," id. (internal quotation marks omitted), the Court declines to stay Plaintiff's execution. Signed by Judge Randolph D. Moss on 01/08/2021. (lcrdm1)
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| Filing 60 REPLY to opposition to motion re #58 MOTION for Leave to File a Renewed Motion for Partial Summary Judgment filed by LISA MARIE MONTGOMERY. (Schierenbeck, Alec) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Motion Hearing held on 1/7/2021 re: #58 MOTION for Leave to File a Renewed Motion for Partial Summary Judgment filed by LISA MARIE MONTGOMERY. As stated on the record, Plaintiff is granted leave to file any further supplementation by 5:00 p.m. today. (Court Reporter: Sara Wick.) (kt) |
| Filing 59 Memorandum in opposition to re #58 MOTION for Leave to File a Renewed Motion for Partial Summary Judgment and in opposition to Renewed Motion for Partial Summary Judgment filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M. MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON. (Attachments: #1 Declaration R. Winter Decl. (Jan. 6, 2021), #2 Text of Proposed Order)(Simpson, Alan) |
| Filing 58 MOTION for Leave to File a Renewed Motion for Partial Summary Judgment by LISA MARIE MONTGOMERY (Attachments: #1 Text of Proposed Order, #2 Exhibit - Renewed Motion for Partial Summary Judgment, #3 Exhibit - Text of [Proposed] Order)(Schierenbeck, Alec) |
| NOTICE OF ERROR re #57 Motion for Leave to File; emailed to aschierenbeck@gmail.com, cc'd 24 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. The main document must be a motion for leave to file and everything else should be added as an attachment or exhibit to the motion. See Local Rule regarding correspondence. (ztd, ) |
| Filing 57 ENTERED IN ERROR. . . . .MOTION for Leave to File / Letter to Judge Moss Seeking Leave to File Renewed Motion for Partial Summary Judgment by LISA MARIE MONTGOMERY (Attachments: #1 Renewed Motion for Partial Summary Judgment, #2 Text of Proposed Order)(Schierenbeck, Alec) Modified on 1/6/2021 (ztd). |
| Filing 56 MANDATE of USCA as to #50 Notice of Appeal to DC Circuit Court, filed by JEFFREY A. ROSEN, MICHAEL CARVAJAL, ROSALIND SARGENT-BURNS, T. J. WATSON, BARB VON BLACKENSEE, OFFICE OF THE PARDON ATTORNEY, DEPARTMENT OF JUSTICE, WILLIAM P. BARR, ALIX M. MCLEAREN, MICHAEL CARR ; USCA Case Number 20-5379. (Attachments: #1 USCA Order)(ztd) |
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MINUTE ORDER: Upon consideration of Plaintiff's motion for leave to file a renewed motion for partial summary judgment, Dkt. #57 , it is hereby ORDERED that Defendants shall file a response to the motion for leave to file and to the motion for partial summary judgment on or before 9:00 p.m. on January 6, 2021. It is further ORDERED that Plaintiff shall file a reply on or before 12:00 p.m. on January 7, 2021. The parties are also ORDERED to appear telephonically for oral argument at 2:00 p.m. on January 7, 2021. The parties may use the same teleconference number and access code previously used in this case. Signed by Judge Randolph D. Moss on 1/5/2021. (lcrdm1)
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| NOTICE OF ERROR re #54 Memorandum in Opposition; emailed to mvergow@omm.com, cc'd 24 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE. Attorney signature must match login/password in future filings. (zeg, ) |
| USCA Case Number 20-5379 for #50 Notice of Appeal to DC Circuit Court, filed by JEFFREY A. ROSEN, MICHAEL CARVAJAL, ROSALIND SARGENT-BURNS, T. J. WATSON, BARB VON BLACKENSEE, OFFICE OF THE PARDON ATTORNEY, DEPARTMENT OF JUSTICE, WILLIAM P. BARR, ALIX M. MCLEAREN, MICHAEL CARR. (zjf) |
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Filing 55
ORDER: For the reasons explained in the attached order, Defendants' motion for a stay, Dkt. #51 , is DENIED. Signed by Judge Randolph D. Moss on 12/28/2020. (lcrdm1)
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| Filing 54 Memorandum in opposition to re #51 MOTION to Stay re #47 Order on Motion to Clarify,,, Order on Motion to Modify,,, Order on Motion for Partial Summary Judgment,, #48 Order, filed by LISA MARIE MONTGOMERY. (VerGow, Meaghan) |
| Filing 53 TRANSCRIPT OF TELEPHONIC MOTION HEARING before Judge Randolph D. Moss held on December 23, 2020. Page Numbers: 1 - 75. Date of Issuance: December 28, 2020. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/18/2021. Redacted Transcript Deadline set for 1/28/2021. Release of Transcript Restriction set for 3/28/2021.(Hook, Jeff) |
| Filing 52 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re #50 Notice of Appeal to DC Circuit Court. (zjf) |
| Filing 51 MOTION to Stay re #47 Order on Motion to Clarify,,, Order on Motion to Modify,,, Order on Motion for Partial Summary Judgment,, #48 Order, by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M. MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON (Simpson, Alan) |
| Filing 50 NOTICE OF APPEAL TO DC CIRCUIT COURT re #47 MEMORANDUM OPINION AND ORDER, #48 ORDER by BARB VON BLACKENSEE, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, MICHAEL CARR, ALIX M. MCLEAREN, WILLIAM P. BARR, T. J. WATSON, ROSALIND SARGENT-BURNS, DEPARTMENT OF JUSTICE, MICHAEL CARVAJAL. Fee Status: No Fee Paid. Parties have been notified. (Attachments: #1 December 24, 2020 Memorandum Opinion and Order, #2 December 26, 2020 Order)(Simpson, Alan) |
| Filing 49 Joint STATUS REPORT REGARDING FINAL JUDGMENT UNDER RULE 58 by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M. MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON. (Simpson, Alan) |
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Filing 48
ORDER: For the reasons stated in the Court's Memorandum Opinion and Order, Dkt. #47 , it is hereby ORDERED that final judgment is entered with respect to Count I of Plaintiff's supplemental complaint. See document for details. Signed by Judge Randolph D. Moss on 12/26/2020. (lcrdm3)
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Filing 47
MEMORANDUM OPINION AND ORDER: For the reasons explained in the attached document, it is hereby ORDERED that Plaintiff's motion for partial summary judgment, Dkt. #35 , is GRANTED in part. Plaintiff's motion to clarify and/or modify, Dkt. #28 , is DENIED as moot. See attached document for details. Signed by Judge Randolph D. Moss on 12/24/2020. (lcrdm1) Modified on 12/28/2020 to correct document type as "opinion" (kt). (Main Document 47 replaced on 12/28/2020 to correct two punctuation errors.) (kt). (Main Document 47 replaced on 1/7/2021 to correct punctuation typo.) (kt).
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| Filing 46 NOTICE of Submission of Clemency Petition by LISA MARIE MONTGOMERY (Ungvarsky, Edward) |
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MINUTE ORDER: In light of the Court's memorandum opinion and order, Dkt. #47 , it is hereby ORDERED that the parties shall file a joint status report on or before December 27, 2020 at 12:00 p.m. addressing whether the Court should enter final judgment pursuant to Fed. R. Civ. P. 58 or partial final judgment pursuant to Fed. R. Civ. P. 54(b). Signed by Judge Randolph D. Moss on 12/24/2020. (lcrdm1)
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| Filing 45 SUPPLEMENTAL MEMORANDUM to re Motion Hearing,,, Set Deadlines,, filed by LISA MARIE MONTGOMERY. (Schierenbeck, Alec) |
| Filing 44 SUPPLEMENTAL MEMORANDUM to re #35 MOTION for Partial Summary Judgment filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M. MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON. (Attachments: #1 Attachment A - Documents related to Victor Harry Feguer)(Simpson, Alan) |
| Filing 43 NOTICE OF SUPPLEMENTAL AUTHORITY by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M. MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON (Attachments: #1 Attachment A - Justice Manual 9-10.000 - Capital Crimes (updated Dec. 18, 2020))(Simpson, Alan) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephnic Motion Hearing held on 12/23/2020 re: #28 MOTION to Clarify re #19 Memorandum & Opinion, #20 Order on Motion for TRO, Order on Motion for Preliminary Injunction MOTION to Modify filed by LISA MARIE MONTGOMERY, and #35 MOTION for Partial Summary Judgment filed by LISA MARIE MONTGOMERY. For the reasons stated on the record, counsel shall file documentation as to the historical question related to the U.S. Marshal Service by midnight tonight. (Court Reporter: Jeff Hook.) (kt) |
| Filing 42 REPLY to opposition to motion re #35 MOTION for Partial Summary Judgment filed by LISA MARIE MONTGOMERY. (VerGow, Meaghan) |
| Filing 41 REPLY to opposition to motion re #28 MOTION to Clarify re #19 Memorandum & Opinion, #20 Order on Motion for TRO, Order on Motion for Preliminary Injunction MOTION to Modify filed by LISA MARIE MONTGOMERY. (VerGow, Meaghan) |
| Filing 40 TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE before Judge Randolph D. Moss held on December 10, 2020. Page Numbers: 1 - 27. Date of Issuance: December 20, 2020. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/10/2021. Redacted Transcript Deadline set for 1/20/2021. Release of Transcript Restriction set for 3/20/2021.(Hook, Jeff) |
| Filing 39 TRANSCRIPT OF TELEPHONIC SCHEDULING CONFERENCE before Judge Randolph D. Moss held on December 11, 2020. Page Numbers: 1 - 19. Date of Issuance: December 19, 2020. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased fr om the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/9/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/19/2021.(Hook, Jeff) |
| Filing 38 NOTICE OF SUPPLEMENTAL AUTHORITY by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M. MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON (Attachments: #1 Mitchell, Dkt. 3 Motion for Certificate of Appealability, #2 Mitchell, Dkt. 10 Order Granting Motion for Certificate of Appealability, #3 Mitchell, Dkt. 26 Order Staying Execution, #4 Mitchell, Dkt. 47 Letter Rescheduling Execution, #5 Mitchell, Dkt. 48 Motion to Enforce Stay and Strike Execution Date, #6 Mitchell, Dkt. 49 Response to Motion, #7 Mitchell, Dkt. 52 Order Denying Motion, #8 Mitchell, Dkt. 55 Mandate, #9 Bourgeois, Dkt. 54 Letter Rescheduling Execution, #10 Bourgeois, Dkt. 55 Rule 28(j) Letter, #11 Bourgeois, Dkt. 56 Order Denying Rehearing En Banc, #12 Bourgeois (S.D. Ind.), Dkt. 37 Order Vacating Stay)(Simpson, Alan) |
| Filing 37 Memorandum in opposition to re #35 MOTION for Partial Summary Judgment filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M. MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON. (Attachments: #1 Text of Proposed Order)(Simpson, Alan) |
| Filing 36 Memorandum in opposition to re #28 MOTION to Clarify re #19 Memorandum & Opinion, #20 Order on Motion for TRO, Order on Motion for Preliminary Injunction MOTION to Modify filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M. MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON. (Attachments: #1 Text of Proposed Order)(Simpson, Alan) |
| Filing 35 MOTION for Partial Summary Judgment by LISA MARIE MONTGOMERY (Attachments: #1 Declaration of Zohra Ahmed, #2 Exhibit 1 to the Declaration of Zohra Ahmed, #3 Text of Proposed Order)(VerGow, Meaghan) |
| Filing 34 NOTICE of Filing by LISA MARIE MONTGOMERY (Attachments: #1 Exhibit Order and Opinion N. D. Tex - 12-15-20)(Babcock, Sandra) |
| Filing 33 ADMINISTRATIVE RECORD of guidance documents and Plaintiff's execution notices by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M. MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON. (Simpson, Alan) |
| Filing 32 NOTICE of Supplemental Authority by LISA MARIE MONTGOMERY (Attachments: #1 Exhibit Judgment - U.S. v. Montgomery - W. D. Missouri)(Babcock, Sandra) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Scheduling Conference held on 12/11/2020. Plaintiff's Summary Judgment Motion due by 12/15/2020; Defendants' Opposition to Motion for Summary Judgment and Opposition to Motion to Clarify are due by 6:00 PM on 12/18/2020; Plaintiff's Reply to both oppositions due by 12/21/2020. Defendants shall provide Plaintiff with current and former guidance documents by 12:00 PM on 12/14/2020. The Telephonic Status Conference set for 12/15/2020 is VACATED. A Motion Hearing is set for 12/23/2020 at 11:00 AM, by telephone, before Judge Randolph D. Moss. The parties shall utilize the same teleconference number and access code. (Court Reporter: Jeff Hook.) (kt) Modified on 12/14/2020 to edit date typo for guidance documents as 12/14/2020. (kt). |
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MINUTE ORDER: Upon consideration of Plaintiff's motion to file a supplemental complaint, Dkt. #29 , and Defendants' notice, Dkt. #31 , it is hereby ORDERED that Plaintiff's motion is GRANTED, without prejudice to Defendants' right to challenge the complaint on the merits. It is further ORDERED that the parties shall confer regarding scheduling and then appear telephonically for a scheduling conference at 3:30 p.m. today, December 11, 2020. The parties may use the same teleconference number and access code previously used in this case. Signed by Judge Randolph D. Moss on 12/11/2020. (lcrdm1)
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| Filing 31 NOTICE by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M. MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON re #29 MOTION for Leave to File Supplemental Complaint (Simpson, Alan) |
| Filing 30 NOTICE of Appearance by Alan Thomas Simpson on behalf of All Defendants (Simpson, Alan) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 12/10/2020. Defendant's Response to Plaintiff's #29 Motion for Leave to File Supplemental Complaint due by Monday, at 12 noon; Plaintiff's Reply due by Tuesday, at 12 noon. A further Telephonic Status Conference is set for 12/15/2020, at 3:00 PM, before Judge Randolph D. Moss. The parties shall utilize the same teleconference number and access code. (Court Reporter Jeff Hook.) (kt) |
| Filing 29 MOTION for Leave to File Supplemental Complaint by LISA MARIE MONTGOMERY (Attachments: #1 Exhibit Supplemental Complaint, #2 Text of Proposed Order)(Babcock, Sandra) |
| Filing 28 MOTION to Clarify re #19 Memorandum & Opinion, #20 Order on Motion for TRO, Order on Motion for Preliminary Injunction by LISA MARIE MONTGOMERY (Attachments: #1 Text of Proposed Order)(Babcock, Sandra). Added MOTION to Modify on 12/9/2020 (ztd). |
| Filing 27 NOTICE of Appearance- Pro Bono by Alec Schierenbeck on behalf of LISA MARIE MONTGOMERY (Attachments: #1 Certificate Pursuant to Local Rule 83.2(g))(Schierenbeck, Alec) |
| Filing 26 NOTICE of Appearance- Pro Bono by Meaghan VerGow on behalf of LISA MARIE MONTGOMERY (VerGow, Meaghan) |
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MINUTE ORDER: Upon consideration of Plaintiff's motion for clarification, Dkt. #28 , and motion for leave to file a supplemental complaint, Dkt. #29 , it is hereby ORDERED that the parties appear for a telephonic status conference at 2:00 p.m. on December 10, 2020. The parties may use the same teleconference number and access code previously used in this case. Signed by Judge Randolph D. Moss on 12/09/2020. (lcrdm1)
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| Filing 25 TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE before Judge Randolph D. Moss held on November 18, 2020. Page Numbers: 1 - 58. Date of Issuance: December 1, 2020. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/22/2020. Redacted Transcript Deadline set for 1/1/2021. Release of Transcript Restriction set for 3/1/2021.(Hook, Jeff) |
| Filing 24 TRANSCRIPT OF TELEPHONIC MOTION HEARING before Judge Randolph D. Moss held on November 16, 2020. Page Numbers: 1 - 64. Date of Issuance: December 1, 2020. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the c ourt reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/22/2020. Redacted Transcript Deadline set for 1/1/2021. Release of Transcript Restriction set for 3/1/2021.(Hook, Jeff) |
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MINUTE ORDER: Upon consideration of Defendants' motion to clarify, Dkt. #22 , and Plaintiff's response, Dkt. #23 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. The Court hereby clarifies that nothing in the Court's order of November 19, 2020, Dkt. #20 , relieved Lisa Nouri or the Office of the Federal Public Defender for the Middle District of Tennessee (FPD-MDT) of their obligations, pursuant to 18 U.S.C. 3599, to represent Plaintiff in post-conviction and clemency proceedings. According to 3599(e) (emphasis added), "each attorney so appointed shall represent the defendant throughout every subsequent stage of available judicial proceedings...and shall also represent the defendant in such competency proceedings and proceedings for executive or other clemency as may be available to the defendant." In staying Plaintiff's execution date until December 31, 2020, the Court relied on the fact that Nouri and the FPD-MDT would remain obligated to continue representing Plaintiff, along with Amy Harwell and Kelley Henry as soon as they are medically able to do so. Signed by Judge Randolph D. Moss on 11/25/2020. (lcrdm1)
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| Filing 23 RESPONSE re #22 Emergency MOTION to Clarify re #19 Memorandum & Opinion, #20 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by LISA MARIE MONTGOMERY. (Babcock, Sandra) |
| Filing 22 Emergency MOTION to Clarify re #19 Memorandum & Opinion, #20 Order on Motion for TRO, Order on Motion for Preliminary Injunction by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M. MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON (Attachments: #1 Memorandum in Support, #2 Supplemental Declaration of Kira Gillespie, #3 L. Nouri Post-Order Emails, #4 Text of Proposed Order)(Walker, Johnny) |
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MINUTE ORDER: Upon consideration of Defendants' motion to clarify, Dkt. #22 , it is hereby ORDERED that any response or responses shall be filed on or before 10:00 a.m. on November 25, 2020. It is further ORDERED that counsel for Plaintiff shall immediately provide a copy of this minute order to Lisa Nouri and to the Federal Public Defender for the Middle District of Tennessee. Signed by Judge Randolph D. Moss on 11/24/2020. (lcrdm1)
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| Filing 21 NOTICE of Rescheduled Execution Date (Jan. 12, 2021) by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M. MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON (Walker, Johnny) |
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Filing 20
ORDER: For the reasons explained in the Memorandum Opinion, Dkt. #19 , it is hereby ORDERED that Plaintiff's motion is GRANTED in part and DENIED in part. See attached order for details. Signed by Judge Randolph D. Moss on 11/19/2020. (lcrdm1)
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Filing 19
MEMORANDUM OPINION: For the reasons explained in the attached document, Plaintiff's motion, Dkt. #2 , is GRANTED in part and DENIED in part. See attached document for details. Separate order to follow. Signed by Judge Randolph D. Moss on 11/19/2020.Signed by Judge Randolph D. Moss on 11/19/2020. (lcrdm1)
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| Filing 18 NOTICE OF SUPPLEMENTAL AUTHORITY by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN (Attachments: #1 Judgment, Hall v. Barr, No. 20-5350 (D.C. Cir. Nov. 19, 2020))(Walker, Johnny) |
| Filing 17 NOTICE OF SUPPLEMENTAL AUTHORITY by LISA MARIE MONTGOMERY (Attachments: #1 Exhibit Declaration of Henry A. Martin, #2 Exhibit Motion to Approve Investigation Budget, #3 Exhibit Order Appointing Federal Public Defender, #4 Exhibit Kelley Henry Notice of Appearance, #5 Exhibit Eighth Circuit Appointment Order)(Babcock, Sandra) |
| Filing 16 NOTICE of Record Citations and Additional Argument by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON re #12 Memorandum in Opposition,, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Walker, Johnny) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 11/18/2020. Lisa Nouri, through Ms. Babcock, shall file documentation re: orders or appointments referring to 18 U.S.C. 3599. Ms. Babcock shall file a notice as to list of obligations. Both parties shall file any additional material for the Court to consider by 4:00 p.m. today. (Court Reporter: Jeff Hook.) (kt) |
| Filing 15 NOTICE OF SUPPLEMENTAL AUTHORITY by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON (Attachments: #1 Mem. Op., Hall v. Barr, No. 20-3184 (D.D.C. Nov. 16, 2020))(Walker, Johnny) |
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MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a telephonic status conference at 11:00 a.m. on November 18, 2020. The parties shall use the telephonic access information previously provided by the Clerk of Court. Lisa G. Nouri shall participate in the conference to the extent she is available. The parties and Ms. Nouri should be prepared to address whether any of Lisa Nouri, Amy Harwell, or Kelley Henry were appointed in accordance with 18 U.S.C. 3599 and, if so, what relevance that might have in this matter, assuming the Court were to conclude that 3599 grants Plaintiff the statutory right to be represented by counsel, appointed in accordance with 3599, in the clemency process. Signed by Judge Randolph D. Moss on 11/17/2020. (lcrdm3)
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| Filing 14 NOTICE of Filing of Placeholder Clemency Request by LISA MARIE MONTGOMERY (Attachments: #1 Exhibit Placeholder Request for Clemency)(Babcock, Sandra) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Motion Hearing held on 11/16/2020 re: #2 MOTION for Temporary Restraining Order and Preliminary Injunction Pursuant to Rule 65 of the Federal Rules of Civil Procedure MOTION for Preliminary Injunction filed by LISA MARIE MONTGOMERY. Plaintiff shall file a notice with the Court, if any placeholder petition is filed. Matter TAKEN UNDER ADVISEMENT. (Court Reporter: Jeff Hook.) (kt) |
| Filing 13 REPLY to opposition to motion re #2 MOTION for Temporary Restraining Order and Preliminary Injunction Pursuant to Rule 65 of the Federal Rules of Civil Procedure MOTION for Preliminary Injunction filed by LISA MARIE MONTGOMERY. (Attachments: #1 Exhibit Affidavit of Dr. Mark J. Davis, #2 Exhibit Declaration of Lisa G. Nouri)(Babcock, Sandra) |
| Filing 12 Memorandum in opposition to re #2 MOTION for Temporary Restraining Order and Preliminary Injunction Pursuant to Rule 65 of the Federal Rules of Civil Procedure MOTION for Preliminary Injunction filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON. (Attachments: #1 K. Gillespie Declaration (Nov. 13, 2020), #2 M. Carr Declaration (Nov. 13, 2020), #3 H. Henry Letter to K. Inman (Nov. 10, 2020))(Walker, Johnny) |
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MINUTE ORDER: Upon consideration of Defendants' notice of related case, Dkt. #9 and the hearing on November 13, 2020, the Court concludes that Defendants have not carried their burden of demonstrating that the cases should be treated as related. This case will, accordingly, proceed before the randomly assigned judge, and the existing schedule will remain in place. Signed by Judge Randolph D. Moss on 11/14/2020. (lcrdm1)
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| Filing 11 NOTICE of Appearance by Joseph Margulies on behalf of LISA MARIE MONTGOMERY (Margulies, Joseph) |
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MINUTE ORDER: Because of a conflict with case Montgomery v. Barr, No. 20-3214, it is hereby ORDERED that the telephonic scheduling conference set for 10:00 a.m. on November 13, 2020 is VACATED and RESCHEDULED for 12:00 p.m. on November 13, 2020. Signed by Judge Randolph D. Moss on 11/13/2020. (lcrdm1)
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| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Scheduling Conference held on 11/13/2020. Defendants' Response to the #2 Motion for Temporary Restraining Order and Preliminary Injunction due by midnight 11/14/2020; Plaintiff's Reply, if any, due by midnight 11/15/2020. Motion Hearing set for 11/16/2020, at 2:00 PM, by telephone, before Judge Randolph D. Moss. The parties shall use the same teleconference number and access code. (Court Reporter: Jeff Hook.) (kt) |
| Filing 10 RESPONSE [9[ to Defendants' Designation of Related Case filed by LISA MARIE MONTGOMERY. (Babcock, Sandra) Modified to add linkage on 11/13/2020 (ztd). |
| Filing 9 NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 20-3214 (D.D.C.). (Walker, Johnny) |
| Filing 8 NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) |
| Filing 7 SUMMONS (11) Issued Electronically as to MICHAEL CARR, MICHAEL CARVAJAL, DEPARTMENT OF JUSTICE, ALIX M MCLEAREN, OFFICE OF THE PARDON ATTORNEY, JEFFREY A. ROSEN, ROSALIND SARGENT-BURNS, BARB VON BLACKENSEE, T. J. WATSON, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
| Filing 6 NOTICE of Appearance- Pro Bono by Zohra Ahmed on behalf of LISA MARIE MONTGOMERY (Ahmed, Zohra) |
| Filing 5 ERRATA TO PLAINTIFF COMPLAINT by LISA MARIE MONTGOMERY. (Attachments: #1 1 - Complaint, #2 2 - Civil Cover Sheet, #3 3 - Summons Barr, #4 4 - Summons BOP, #5 5 - Summons Carr, #6 6 - Summons Carvajal, #7 7 - Summons DOJ, #8 8 - Summons McLearen, #9 9 - Summons Office of Pardon Atty, #10 10 - Summons Rosen, #11 11 - Summons Sargent-Burns, #12 12 - Summons Von Blackensee, #13 13 - Summons Watson, #14 14 - Motion for TRO, #15 15 - Memo in Support of Motion for TRO)(Ungvarsky, Edward) |
| Filing 4 NOTICE of Appearance by Sandra L. Babcock on behalf of LISA MARIE MONTGOMERY (Babcock, Sandra) |
| Filing 3 NOTICE of Appearance by Edward John Ungvarsky on behalf of LISA MARIE MONTGOMERY (Ungvarsky, Edward) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction Pursuant to Rule 65 of the Federal Rules of Civil Procedure by LISA MARIE MONTGOMERY (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Amy Harwell Declaration, #3 Exhibit 2 - Kelley Henry Declaration, #4 Exhibit 3 - Ltr from Henry to Inman, #5 Exhibit 4 - Martin ltr to DOJ, #6 Exhibit 5 - Response from DOJ, #7 Exhibit 6 - Ruben Gur Declaration, #8 Exhibit 7 - Katherine Porterfield Declaration, #9 Exhibit 8 - George Woods Declaration, #10 Exhibit 9 - Carol Wright Declaration, #11 Exhibit 10 - Ben Leonard Declaration, #12 Exhibit 11 - Nadknarni Declaration, #13 Text of Proposed Order)(Ungvarsky, Edward). Added MOTION for Preliminary Injunction on 11/13/2020 (znmw). |
| Filing 1 COMPLAINT For Injunctive and Declartory Relief for Violations of the Fifth Admendment to the United States Constitution and 18 U.S.C. 3599 against All Defendants ( Filing fee $ 400 receipt number ADCDC-7826424) filed by LISA MARIE MONTGOMERY. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons)(Ungvarsky, Edward) (Attachment 1 replaced on 11/20/2020) (znmw). |
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MINUTE ORDER: Upon consideration of Plaintiff's motion for temporary restraining order, Dkt. #2 , it is hereby ORDERED that the parties shall appear telephonically for a scheduling conference at 10:00 a.m. on November 13, 2020. It is further ORDERED that as soon as possible, Plaintiff's counsel shall contact Defendants' counsel to inform them of this suit and the pending motion and of the scheduling conference. The parties may obtain a teleconference number and access code from the Deputy Clerk of Court. Signed by Judge Randolph D. Moss on 11/12/2020. (lcrdm1)
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| Case Assigned to Judge Randolph D. Moss. (adh, ) |
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