PETERSON et al v. BARR et al
| KIMMA GUREL, EARLENE PETERSON, MONICA VIELLETTE and MONICA VEILLETTE |
| T.J. WATSON, WILLIAM P. BARR and MICHAEL CARVAJAL |
| 2:2020cv00350 |
| July 8, 2020 |
| US District Court for the Southern District of Indiana |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Prisoner Petitions - Prison Condition |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on August 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 34 Entry Closing Action - The plaintiffs have filed a notice of dismissal. Dkt. #33 ; see Fed. R. Civ. P. 41(a)(1)(A)(i). The clerk is directed to close this action on the docket. No final judgment is required. Signed by Judge Jane Magnus-Stinson on 8/14/2020.(AAS) |
| Filing 33 NOTICE OF DISMISSAL DUE TO MOOTNESS, filed by Plaintiffs KIMMA GUREL, EARLENE PETERSON, MONICA VEILLETTE (Kurrus, Howard) Modified on 8/12/2020 - edit to title of document (RSF). |
Filing 32
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared in person and by counsel for a settlement conference.A settlement was not achieved. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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| Filing 31 MANDATE of USCA as to #24 Notice of Appeal filed by WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON (USCA #20-2252) (Attachments: #1 Certified Opinion, #2 Certified Judgment, #3 Order Directing Mandate)(RSF) |
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Filing 30
ORDER of USCA as to #24 Notice of Appeal filed by WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON (USCA #20-2252) - Filed opinion of the court by Chief Judge Sykes. We vacate the preliminary injunction. The plaintiffs APA claim lacks any arguable legal basis and is therefore frivolous. (See Opinion.) (RSF)
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Filing 29
Order Denying Motions to Stay Preliminary Injunction Pending Appeal - The defendants' motions to stay preliminary injunction pending appeal, dkt. #23 , and amended motion to stay preliminary injunction pending appeal, dkt. #28 , are denied. The Court recognizes the cost to the government of delaying an execution, but the Court finds no reason to suspend the preliminary injunction pending appeal. Signed by Judge Jane Magnus-Stinson on 7/10/2020. (RSF)
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| Filing 28 Amended MOTION to Stay re #21 Preliminary Injunction, #20 Order on Motion for Preliminary Injunction , filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Attachments: #1 Exhibit 1, Winter Decl.)(Woods, Shelese) |
| Filing 27 USCA Case Number 20-2252 for #24 Notice of Appeal filed by WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (RSF) |
| Filing 26 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #24 Notice of Appeal. - for Court of Appeals Use Only. (RSF) |
| Filing 25 PARTIES' SHORT RECORD re #24 Notice of Appeal - Instructions for Attorneys/Parties attached. (RSF) |
| Filing 24 NOTICE OF APPEAL as to #20 Order on Motion for Preliminary Injunction, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Docketed for administrative purposes only.) (RSF) |
| Filing 23 MOTION to Stay re #21 Preliminary Injunction, #20 Order on Motion for Preliminary Injunction , filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Attachments: #1 Exhibit 1, Winter Decl.)(Woods, Shelese) |
| Filing 22 NOTICE of Appeal, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON (Woods, Shelese) |
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Filing 21
***VACATED PER MANDATE OF SEVENTH CIRCUIT COURT OF APPEALS AT #31 *** ORDER GRANTING PRELIMINARY INJUNCTION - The Court concluded in an order issued on this date that plaintiffs Earlene Peterson, Kimma Gurel, and Monica Veillette have demonstrated that they are entitled to a preliminary injunction. Defendants William P. Barr, Michael Carvajal, and T.J. Watson are enjoined from carrying out the execution of Daniel Lewis Lee on July 13, 2020, or any future date, pending final resolution of the merits of this case or until further order of the Court. The Court will vacate the injunction upon a showing by the defendants of an agency action setting a date for Mr. Lee's execution in accord with the FDPA and demonstrating reasonable consideration of the plaintiffs' right to be present for the execution. Signed by Judge Jane Magnus-Stinson on 7/10/2020.(RSF) Modified on 7/13/2020 (RSF).
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Filing 20
Order Granting Plaintiffs' Motion for Preliminary Injunction - Federal death row inmate Daniel Lee Lewis is scheduled to be executed on July 13, 2020, at United States Penitentiary Terre Haute (USP Terre Haute) in Terre Haute, Indiana. The plaintiffs' motion for preliminary injunction, dkt. #2 , is granted to the extent that the Court enjoins the defendants from carrying out the execution of Daniel Lewis Lee on July 13, 2020, or on any future date, pending final resolution of the merits of this case or until further order of this Court. The Court will vacate the injunction upon a showing by the defendants of an agency action setting a date for Mr. Lee's execution in accord with the FDPA and demonstrating reasonable consideration of the plaintiffs' right to be present for the execution. The clerk is directed to correct the name of plaintiff Monica Veillette on the docket. (See Order.) Signed by Judge Jane Magnus-Stinson on 7/10/2020. (RSF) (Main Document 20 replaced on 7/10/2020) (RSF).
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| Filing 19 Summons Issued as to WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (RSF) |
| Filing 18 Proposed Summons submitted for issuance by the clerk as to WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Kurrus, Howard) |
| Filing 17 REPLY in Support of Motion re #2 MOTION for Preliminary Injunction , filed by Plaintiffs KIMMA GUREL, EARLENE PETERSON, MONICA VIELLETTE. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Kurrus, Howard) |
| Filing 16 ***PLEASE DISREGARD - CORRECTED FILING AT #17 *** REPLY in Support of Motion re #2 MOTION for Preliminary Injunction , filed by Plaintiffs KIMMA GUREL, EARLENE PETERSON, MONICA VIELLETTE. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Kurrus, Howard) Modified on 7/9/2020 (RSF). |
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Filing 13
Amended SCHEDULING ORDER: The Court, sua sponte, hereby CONVERTS the July 9, 2020 telephonic status conference to a settlement conference. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Courts ECF system. Signed by Magistrate Judge Doris L. Pryor on 7/9/2020.(RSF)
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Filing 11
SCHEDULING ORDER: Telephonic Status Conference set for 7/9/2020 at 4:15 PM (Eastern Time) before Magistrate Judge Doris L. Pryor. The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Courts ECF system. Signed by Magistrate Judge Doris L. Pryor on 7/9/2020.(RSF)
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| Filing 10 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction , filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Woods, Shelese) |
| Filing 9 EXHIBIT re #1 Complaint by KIMMA GUREL, EARLENE PETERSON, MONICA VIELLETTE. (Kurrus, Howard) |
| Filing 8 NOTICE of Appearance by Shelese M. Woods on behalf of Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Woods, Shelese) |
| Filing 7 Entry Setting Briefing Schedule - The defendants shall have until noon on July 9, 2020, to respond to the plaintiffs' motion for preliminary injunction, dkt. #2 . The plaintiffs shall have until 6:00 p.m. on July 9, 2020, to file a reply. Signed by Judge Jane Magnus-Stinson on 7/8/2020.(RSF) |
| Filing 6 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (RSF) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
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Filing 4
Order Denying Motion for Intervention Filed by Earlene Peterson, Kimma Gurel, and Monica Viellette, Granting Motion for Intervention Filed by Father Mark O'Keefe, and Directing the Opening of a New Action. Originally docketed in 2:20-cv-336-JMS-DLP. Signed by Judge Jane Magnus-Stinson on 7/8/2020.(JRB) (Main Document 4 replaced on 7/8/2020) (RSF).
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| Filing 3 BRIEF/MEMORANDUM in Support re #2 MOTION for Preliminary Injunction, filed by Plaintiffs KIMMA GUREL, EARLENE PETERSON, MONICA VIELLETTE. (JRB) |
| Filing 2 MOTION for Preliminary Injunction, filed by Plaintiffs KIMMA GUREL, EARLENE PETERSON, MONICA VIELLETTE. (JRB) |
| Filing 1 COMPLAINT against WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON, filed by EARLENE PETERSON, MONICA VIELLETTE, KIMMA GUREL. (No fee paid with this filing) (JRB) |
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