Case: Evans v. Saar

1:06-cv-00149 | U.S. District Court for the District of Maryland

Filed Date: Jan. 19, 2006

Closed Date: 2012

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Case Summary

On January 19, 2006, a death-sentenced inmate of the Maryland Correctional Adjustment Center in Baltimore, Maryland filed a lawsuit under 42 U.S.C. § 1983 against the Maryland Department of Correction in the U.S. District Court for the District of Maryland. The plaintiff, whose execution was scheduled to take place during the week of February 6, 2006, sought a temporary restraining order and a preliminary injunction enjoining the defendants from carrying out his execution using their current practices and procedures for lethal injection. The plaintiff's specific objection was to the three-drug cocktail (sodium pentothal, pancuronium bromide, and potassium chloride) used in Maryland's lethal injections. He alleged that particular skill was required to properly administer sodium pentothal, which was intended to induce general anesthesia, and that improper administration of the drug would lead to excruciating, torturous pain during the administration of the other two drugs. Due to this, the plaintiff argued that the defendants' lethal injection procedures arbitrarily and unnecessarily created a grave risk that he would suffer extreme pain during his execution, thus violating his rights under the Eighth and Fourteenth Amendments.

The next day, the plaintiff filed a similar complaint in the Circuit Court for Baltimore City, naming as co-plaintiffs the National Association for the Advancement of Colored People (NAACP), the American Civil Liberties Union Foundation of Maryland (ACLU), and the Maryland Citizens Against State Executions (MCASE). In this complaint, the plaintiffs alleged that the defendants had failed to follow Maryland law (Md. Code Ann., State Gov't §3-905) in adopting their execution protocol because it had not been formally adopted under the Maryland Administrative Procedure Act (MAPA), thereby depriving the state's citizens of the opportunity to ensure that executions were carried out in a proper and humane manner and increasing the risk that the executed prisoners would suffer unnecessarily during their executions. They asked the court to issue a temporary restraining order and to enjoin the defendants from performing any executions until they had come into compliance with the law.

On February 1, 2006, the U.S. District Court for the District of Maryland (Judge Benson Everett Legg) denied both the plaintiff's motion for a temporary restraining order and his motion for a preliminary injunction, finding that Maryland's three-drug protocol did not endanger the plaintiff's constitutional rights. The court reasoned that thirty-five of the thirty-seven states who used lethal injection as a means of execution used the same protocol as Maryland, and that the Fourth Circuit had already ruled that this protocol did not run afoul of the Eighth Amendment's prohibition of cruel and unusual punishment.

The plaintiff appealed the following day, asking the District Court to stay the execution pending the outcome of the appeal. On the same day, the District Court (Judge Legg) denied the request to stay the execution. On February 3, 2006, the U.S. Court of Appeals for the Fourth Circuit (Judge James Harvie Wilkinson III) denied without opinion the plaintiff's motion for an injunction pending appeal.

On February 13, the plaintiff asked the Fourth Circuit to dismiss the appeal, and on February 15, 2006, the Fourth Circuit (Judge Wilkinson) granted that motion.

From September 19-22, 2006, the U.S. District Court held an evidentiary hearing, and both sides filed motions for summary judgment. On December 1, 2006, the District Court ordered the defendants to explore the potential availability of surgeons, anesthesiologists, and certified registered nurse anesthetists to assist in the execution. On December 7, 2006, the Court ordered the defendants to submit a written plan describing the parameters of a proposed search.

Meanwhile, on December 19, 2006, the Maryland Court of Appeals invalidated the Maryland execution protocols until such time as they were properly adopted under the MAPA or exempted from that requirement by an act of the Maryland General Assembly. The court enjoined the defendants from utilizing its current lethal injection protocol and checklist until one of these two events occurred. Evans v. Saar, 396 Md. 256 (Md. Ct. App. 2006).

On January 29, 2007, Senate Bill 239 was introduced in the Maryland General Assembly and assigned to committee. If adopted that bill would exempt the death penalty protocols from the requirements of the MAPA. On the same day, House Bill 225 was introduced in the Maryland General Assembly and assigned to committee. If adopted, that bill would repeal the death penalty in Maryland. In light of these rapid changes, the parties issued a joint motion asking the District Court to stay the proceedings in this case until the passage of one of the two proposed bills in the legislature. On February 21, 2007, the District Court agreed to stay the proceedings pending the outcome of the legislation and ordered the parties to file a status report every 90 days.

On March 14, 2011, the parties filed a joint status report pursuant to the Court's order of February 22, 2007. The status report stated that all executions in Maryland had been stayed until the administrative regulations governing the death penalty process are properly adopted. On August 16, 2012 the Court ordered that the case be administratively closed. Subsequently, in May 2013, the Maryland legislature repealed the death penalty for all future convictions, and in December 2014 Governor O'Malley commuted the death sentences of the four remaining death-row inmates to life without the possibility of parole.

Summary Authors

Xin Chen (3/19/2012)

Anna Jones (3/14/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4639700/parties/evans-v-saar/

Judge(s)

Attorney for Plaintiff

Clark, Kalea Seitz (District of Columbia)

Dietrich, Julie S. (District of Columbia)

Geraghty, Anne H. (District of Columbia)

Attorney for Defendant

Curran, John Joseph Jr. (Maryland)

Gansler, Douglas F. (Maryland)

Judge(s)

Legg, Benson Everett (Maryland)

Shaffer, Denise Oakes (Maryland)

Wilkinson, James Harvie III (Virginia)

Wilner, Alan M. (Maryland)

Attorney for Plaintiff

Clark, Kalea Seitz (District of Columbia)

Dietrich, Julie S. (District of Columbia)

Geraghty, Anne H. (District of Columbia)

Hut, A. Stephen Jr. (District of Columbia)

Jr, A Stephen (Maryland)

O'Toole , Jeffrey (District of Columbia)

Tindall , Anne Harden (District of Columbia)

Wood, Stephanie Katherine (District of Columbia)

Zubler, Todd (District of Columbia)

Attorney for Defendant

Curran, John Joseph Jr. (Maryland)

Gansler, Douglas F. (Maryland)

Jr, J Joseph (Maryland)

Mullally, Laura (Maryland)

Oakley, Scott S (Maryland)

Pickus, Philip M. (Maryland)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

06-00001	Fourth Circuit Docket U.S. Court of Appeals for the Fourth Circuit	Aug. 16, 2012	Aug. 16, 2012 Docket
1:06-cv-00149	Federal District Court Docket	Aug. 16, 2012	Aug. 16, 2012 Docket
1 1:06-cv-00149	District Court Complaint	Jan. 19, 2006	Jan. 19, 2006 Complaint
4-4 1:06-cv-00149	Memorandum in Support of TRO and Preliminary Injunction	Jan. 20, 2006	Jan. 20, 2006 Pleading / Motion / Brief
1:06-cv-00149	Memorandum in Support of TRO and Preliminary Injunction NAACP v. Saar Maryland state trial court	Jan. 20, 2006	Jan. 20, 2006 Pleading / Motion / Brief
1:06-cv-00149	Complaint filed in Baltimore City Circuit Court NAACP v. Saar Maryland state trial court	Jan. 20, 2006	Jan. 20, 2006 Complaint
29 1:06-cv-00149	Plaintiff's Reply to Defendant's Memo in Opposition to Temporary Injunction	Jan. 26, 2006	Jan. 26, 2006 Pleading / Motion / Brief
1:06-cv-00149	Supplemental Reply	Jan. 26, 2006	Jan. 26, 2006 Pleading / Motion / Brief
36 1:06-cv-00149	Memorandum Opinion	Feb. 1, 2006	Feb. 1, 2006 Order/Opinion 412 F.Supp.2d 519
49 1:06-cv-00149	Order	Feb. 2, 2006	Feb. 2, 2006 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4639700/evans-v-saar/

Last updated March 24, 2026, 4:55 a.m.

ECF Number	Date	Description	Link
1	Jan. 19, 2006	COMPLAINT For Injunctive and Declaratory Relief against Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker, John Does ( Filing fee $ 250 receipt number 14637006754.), filed by Vernon Evans, Jr. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) Modified on 1/19/2006 (raf, Deputy Clerk). (Entered: 01/19/2006)	RECAP
2	Jan. 19, 2006	(FILED IN ERROR )Summons Issued 20 days as to Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. (raf, Deputy Clerk) Modified on 1/19/2006 (raf, Deputy Clerk). (Entered: 01/19/2006)	RECAP
3	Jan. 19, 2006	Summons Issued 20 days as to Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. (raf, Deputy Clerk) (Entered: 01/19/2006)	RECAP
4	Jan. 20, 2006	MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Vernon Evans, Jr. (Attachments: # 1 Proposed Order for Preliminary Injunction # 2 Application for TRO# 3 Proposed Order for TRO# 4 Memorandum in support for TRO and Preliminary Injunction# 5 Index of Exhibits# 6 Declaration of Tindall# 7 Exhibit A1# 8 Exhibit A2# 9 Exhibit A3# 10 Exhibit A4# 11 Exhibit A5# 12 Exhibit A6# 13 Exhibit A7# 14 Exhibit A8# 15 Exhibit 9# 16Exhibit B Declaration of Heath)(eg, Deputy Clerk) (Entered: 01/20/2006)	RECAP
5	Jan. 20, 2006	Correspondence from Clerk re: "ECF" warning letter to counsel. (eg, Deputy Clerk) (Entered: 01/20/2006)	RECAP
	Jan. 20, 2006	Telephone Conference held on 1/20/2006 held before Chief Judge Benson Everett Legg. (Recorded on Tape) (kam, Deputy Clerk)
6	Jan. 23, 2006	AFFIDAVIT of Service for Complaint served on Mary Ann Saar, Assistant Attorney General on 01/19/2006, filed by Vernon Evans, Jr. (O Toole, Jeffrey) Modified on 1/23/2006 (eg, Deputy Clerk). (Entered: 01/23/2006)	RECAP
7	Jan. 23, 2006	AFFIDAVIT of Service for Complaint served on Frank C. Sizer, Jr., Assistant Attorney General on 01/19/2006, filed by Vernon Evans, Jr. (O Toole, Jeffrey) Modified on 1/23/2006 (eg, Deputy Clerk). (Entered: 01/23/2006)	RECAP
8	Jan. 23, 2006	AFFIDAVIT of Service for Complaint served on Lehrman Dotson, Assistant Attorney General on 01/19/2006, filed by Vernon Evans, Jr. (O Toole, Jeffrey) Modified on 1/23/2006 (eg, Deputy Clerk). (Entered: 01/23/2006)	RECAP
9	Jan. 23, 2006	AFFIDAVIT of Service for Complaint served on Gary Hornbaker, Assistant Attorney General on 01/19/2006, filed by Vernon Evans, Jr. (O Toole, Jeffrey) Modified on 1/23/2006 (eg, Deputy Clerk). (Entered: 01/23/2006)	RECAP
10	Jan. 24, 2006	NOTICE of Appearance by Scott S Oakley on behalf of Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker (Oakley, Scott) (Entered: 01/24/2006)	RECAP
11	Jan. 24, 2006	Status Report Submitted Concerning Hearing of 1-24-06 by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker (Attachments: # 1 Letter of A. Stephen Hut, Esq.# 2 Memorandum Opinion (Quarles, J.), Baker v. Saar)(Oakley, Scott) (Entered: 01/24/2006)	RECAP
12	Jan. 24, 2006	MOTION for Todd Zubler to Appear Pro Hac Vice for Vernon Evans, Jr. (cag, Deputy Clerk) (Entered: 01/24/2006)	RECAP
13	Jan. 24, 2006	MARGINAL ORDER granting 12 Motion for Todd Zubler to Appear Pro Hac Vice. Signed by the clerk on 1/24/06. (Fee paid - for document #13 see #12) (cag, Deputy Clerk) (Entered: 01/24/2006)	RECAP
14	Jan. 24, 2006	MOTION for A. Stephen Hut, Jr. to Appear Pro Hac Vice for Vernon Evans, Jr. (cag, Deputy Clerk) (Entered: 01/24/2006)	RECAP
15	Jan. 24, 2006	MARGINAL ORDER granting 14 Motion for A. Stephen Hut, Jr. to Appear Pro Hac Vice. Signed by the clerk on 1/24/06. (fee paid receipt #14637006802 for document #15 see #14) (cag, Deputy Clerk) Modified on 1/24/2006 (cag, Deputy Clerk). (Entered: 01/24/2006)	RECAP
	Jan. 24, 2006	Discovery Hearing held on 1/24/2006 held before Judge Benson Everett Legg. (Court Reporter Sovich.) (hsg, Deputy Clerk)
16	Jan. 25, 2006	LETTER ORDER re Redacted files. Signed by Judge Benson Everett Legg on 1/25/06. (Attachments: # 1 List of Documents)(eg, Deputy Clerk) (Entered: 01/25/2006)	RECAP
17	Jan. 25, 2006	Correspondence re: Court's January 25, 2006 Memorandum to Mr. Oakley (being submitted by Plaintiff) (Zubler, Todd) (Entered: 01/25/2006)	RECAP
18	Jan. 25, 2006	RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 2/8/2006. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit D-A# 6 Exhibit D-BCD)(Oakley, Scott) (Entered: 01/25/2006)	RECAP
	Jan. 25, 2006	Telephone Conference held on 1/25/2006 held before Chief Judge Benson Everett Legg. ( Recorded on Tape) (kam, Deputy Clerk)
19	Jan. 26, 2006	(FILED IN ERROR) MOTION to Produce Certain Records by Vernon Evans, Jr. Responses due by 2/13/2006 (Zubler, Todd) Modified on 1/26/2006 (eg, Deputy Clerk). Modified on 1/26/2006 (eg, Deputy Clerk). (Entered: 01/26/2006)	RECAP
20	Jan. 26, 2006	Status Report Submitted Pursuant to Memorandum Order of 1-25-06 by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker (Oakley, Scott) (Entered: 01/26/2006)	RECAP
21	Jan. 26, 2006	MOTION to Produce Certain Records by Vernon Evans, Jr. Responses due by 2/13/2006 (Attachments: # 1 Text of Proposed Order Proposed Order)(Zubler, Todd) (Entered: 01/26/2006)	RECAP
22	Jan. 26, 2006	MOTION to Amend/Correct 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction by Vernon Evans, Jr. Responses due by 2/13/2006 (Attachments: # 1 Exhibit Attachment A# 2 Exhibit Attachment B# 3 Text of Proposed Order Proposed Order)(Zubler, Todd) (Entered: 01/26/2006)	RECAP
23	Jan. 26, 2006	Correspondence re: Objections to additional redactions claimed by state defendants (Zubler, Todd) (Entered: 01/26/2006)	RECAP
24	Jan. 26, 2006	ORDER GRANTING Plaintiff's Motion for an Order Directing the Maryland Office of the Chief Medical Examiner to Produce Certain Records. Signed by Judge Benson Everett Legg on 1/26/06. (jlb, Deputy Clerk) (Entered: 01/26/2006)	RECAP
25	Jan. 26, 2006	MEMORANDUM to Mr. Oakley RE: Mr. Oakley's Letter of January 26, 2006.. Signed by Judge Benson Everett Legg on 1/26/06. (jlb, Deputy Clerk) (Entered: 01/26/2006)	RECAP
26	Jan. 26, 2006	(FILED IN ERROR) REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction Providing Supplemental Evidence filed by Vernon Evans, Jr. (Attachments: # 1 Exhibit 1# 2 Exhibit 1A# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 3A# 6 Exhibit 3B# 7 Exhibit 3C)(Zubler, Todd) Modified on 1/27/2006 (eg, Deputy Clerk). (Entered: 01/26/2006)	RECAP
27	Jan. 26, 2006	REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction Providing Supplemental Evidence filed by Vernon Evans, Jr. (Attachments: # 1 Exhibit 1# 2 Exhibit 1A# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 3A# 6 Exhibit 3B# 7 Exhibit 3C)(Zubler, Todd) Modified on 1/27/2006 (eg, Deputy Clerk). (rec'd 1/27/06 c/s to Chambers) (Entered: 01/26/2006)	RECAP
28	Jan. 26, 2006	STATUS REPORT Summary of Procedural History in Evans v. State Since June 1999 by Vernon Evans, Jr. (Zubler, Todd) (Entered: 01/26/2006)	RECAP
29	Jan. 26, 2006	REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction filed by Vernon Evans, Jr. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Zubler, Todd) (Entered: 01/26/2006)	RECAP
	Jan. 26, 2006	Telephone Conference held on 1/26/2006 held before Chief Judge Benson Everett Legg. (Court Reporter: Recorded on Tape) (kam, Deputy Clerk)
30	Jan. 27, 2006	PROTECTIVE ORDER. Signed by Judge Benson Everett Legg on 1/27/06. (Attachments: # 1 Questions for Counsel# 2 Questions for Counsel)(eg, Deputy Clerk) (Entered: 01/27/2006)	RECAP
	Jan. 27, 2006	Motion Hearing held on 1/27/2006 re 4 MOTION for Temporary Restraining MOTION for Preliminary Injunction filed by Vernon Evans, Jr. held before Judge Benson Everett Legg -arguments of counsel- hearing not concluded; to be continued (Court Reporter J. Sovich) (ggpb, Deputy Clerk)
31	Jan. 30, 2006	PLAINTIFF'S HEARING EXHIBITS LIST by Vernon Evans, Jr.. (EXHIBITS FILED SEPARATELY)(eg, Deputy Clerk) (Entered: 01/30/2006)	RECAP
32	Jan. 30, 2006	TRANSCRIPT of (Motions Hearing) Proceedings held on 1/24/06 before Judge Benson E. Legg. Court Reporter: Jacqueline Sovich. (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 01/30/2006)	RECAP
33	Jan. 30, 2006	TRANSCRIPT of (Motions Hearing) Proceedings held on 1/27/06 before Judge Benson E. Legg. Court Reporter: Jacqueline Sovich. (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 01/30/2006)	RECAP
	Jan. 30, 2006	Telephone Conference held on 1/30/2006 held before Chief Judge Benson Everett Legg. (Recorded on Tape) (kam, Deputy Clerk)
34	Jan. 31, 2006	RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction (Supplemental Evidence) filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 2/14/2006. (Attachments: # 1 Affidavit of [Certified Nurse Assistant]# 2 Affidavit of [EMT-P #1]# 3 Affidavit of [EMT-P #2])(Oakley, Scott) (Entered: 01/31/2006)	RECAP
35	Feb. 1, 2006	RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction Second Submission of Supplemental Evidence filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 2/15/2006. (Attachments: # 1 Affidavit James V. Peguese)(Oakley, Scott) (Entered: 02/01/2006)	RECAP
36	Feb. 1, 2006	MEMORANDUM OPINION. Signed by Judge Benson Everett Legg on 02/01/2006. (Legg, Benson Everett)	RECAP
37	Feb. 1, 2006	ORDER DENYING Evans's motion for a temporary restraining order 4, and DENYING Evans's motion for a preliminary injunction 4 . Signed by Judge Benson Everett Legg on 02/01/2006. (Legg, Benson Everett) (Entered: 02/01/2006)	RECAP
38	Feb. 1, 2006	DEFENDANT'S EXHIBIT LIST by Mary Ann Saar,et al.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(eg, Deputy Clerk) (Entered: 02/02/2006)	RECAP
	Feb. 1, 2006	Motion Hearing held on 2/1/2006 - re 22 MOTION to Amend/Correct 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction filed by Vernon Evans, Jr. held before Judge Benson Everett Legg - continued from 1/27/2006 - testimony taken (via telephone) - evidence presented - closing argument - held subcuria. (Court Reporter J. Sovich) (bma, CRD)
39	Feb. 2, 2006	ORDERED that Hearing Exhibits be placed under seal pending further order of the Court. Signed by Judge Benson Everett Legg on 2/1/06. (eg, Deputy Clerk) (Entered: 02/02/2006)	RECAP
40	Feb. 2, 2006	SEALED EXHIBITS. (eg, Deputy Clerk) (Entered: 02/02/2006)	RECAP
41	Feb. 2, 2006	NOTICE OF APPEAL as to 36 Memorandum Opinion, 37 Order by Vernon Evans, Jr. Filing fee $ 255. Appeal Record due by 3/6/2006. (Zubler, Todd) (Entered: 02/02/2006)	RECAP
42	Feb. 2, 2006	MOTION to Stay re 36 Memorandum Opinion, 37 Order Pending Appeal with Request for Expedited Consideration by Vernon Evans, Jr. Responses due by 2/21/2006 (Attachments: # 1 Text of Proposed Order)(Zubler, Todd) (Entered: 02/02/2006)	RECAP
43	Feb. 2, 2006	RESPONSE in Opposition re 42 MOTION to Stay re 36 Memorandum Opinion, 37 Order Pending Appeal with Request for Expedited Consideration filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 2/16/2006. (Oakley, Scott) (Entered: 02/02/2006)	RECAP
44	Feb. 2, 2006	Discovery Material (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 02/02/2006)	RECAP
45	Feb. 2, 2006	SEALED Discovery Material (eg, Deputy Clerk) (Entered: 02/02/2006)	RECAP
46	Feb. 2, 2006	QUESTIONS FOR COUNSEL at Hearing entered 1/24/06. Signed by Judge Benson Everett Legg on 1/24/06. (eg, Deputy Clerk) (Entered: 02/02/2006)	RECAP
47	Feb. 2, 2006	QUESTIONS FOR COUNSEL at Hearing entered 1/27/06. Signed by Judge Benson Everett Legg on 1/27/06. (eg, Deputy Clerk) (Entered: 02/02/2006)	RECAP
48	Feb. 2, 2006	ORDER denying 42 Motion of Plaintiff for an injunction pending appeal. Signed by Judge Benson Everett Legg on 2/2/06. (eg, Deputy Clerk) (Entered: 02/02/2006)	RECAP
49	Feb. 2, 2006	ORDER re Post-Execution. Signed by Judge Benson Everett Legg on 2/2/06. (eg, Deputy Clerk) (Entered: 02/02/2006)	RECAP
50	Feb. 2, 2006	PAPERLESS ORDER granting 22 Motion to Amend/Correct. Signed by Judge Benson Everett Legg on 02/02/2006. (Legg, Benson Everett) (Entered: 02/02/2006)	RECAP
51	Feb. 2, 2006	TRANSCRIPT filed for proceedings on 2/1/06 before Judge Legg, re 41 Notice of Appeal Court Reporter: Jackie Sovich. (Filed Separately) (sls, Deputy Clerk) (Entered: 02/02/2006)	RECAP
52	Feb. 3, 2006	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 41 Notice of Appeal (sls, Deputy Clerk) (Entered: 02/03/2006)	RECAP
	Feb. 3, 2006	USCA Appeal Fees received $ 255 receipt number 14637007069 re 41 Notice of Appeal filed by Vernon Evans, Jr. (sls, Deputy Clerk)
53	Feb. 7, 2006	MEMORANDUM to Parties: Please file a status report by Wednesday, February 15, 2006 as therein set forth. Signed by Judge Benson Everett Legg on 2/6/06. (slf, Deputy Clerk) (Entered: 02/07/2006)	RECAP
	Feb. 8, 2006	USCA Case Number 06-1 for 41 Notice of Appeal filed by Vernon Evans, Jr.. Case Manager - Beth Walton (sls, Deputy Clerk)
54	Feb. 14, 2006	STATUS REPORT pursuant to Court's February 6, 2006 Order by Vernon Evans, Jr. (Zubler, Todd) (Entered: 02/14/2006)	RECAP
55	Feb. 15, 2006	STATUS REPORT (February 15, 2006) by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. (Oakley, Scott) (Entered: 02/15/2006)	RECAP
56	Feb. 17, 2006	MOTION to Shorten Time for Defendants to Respond to Complaint and for Immediate Issuance of a Scheduling Order by Vernon Evans, Jr. Responses due by 3/6/2006 (Zubler, Todd) Modified on 3/7/2006 (eg, Deputy Clerk). (Entered: 02/17/2006)	RECAP
57	Feb. 17, 2006	MOTION to Shorten Time for Defendants to Respond by Vernon Evans, Jr. Responses due by 3/6/2006 (Zubler, Todd) Modified on 3/7/2006 (eg, Deputy Clerk). (Entered: 02/17/2006)	RECAP
58	Feb. 17, 2006	RESPONSE in Opposition re 56 MOTION to Shorten Time for Defendants to Respond to Complaint and for Immediate Issuance of a Scheduling Order, 57 MOTION to Shorten Time for Defendants to Respond filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 3/3/2006. (Oakley, Scott) (Entered: 02/17/2006)	RECAP
59	Feb. 17, 2006	MANDATE of USCA as to 41 Notice of Appeal filed by Vernon Evans, Jr. (sls, Deputy Clerk) (Entered: 02/17/2006)	RECAP
60	Feb. 17, 2006	ORDER SETTING Schedule. Signed by Judge Benson Everett Legg on 2/17/06. (eg, Deputy Clerk) (Entered: 02/17/2006)	RECAP
61	Feb. 23, 2006	Request for Hearing/Trial -- Rescheduling of Trial Date (Zubler, Todd) (Entered: 02/23/2006)	RECAP
62	March 1, 2006	LETTER ORDER re Trial date. Signed by Judge Benson Everett Legg on 3/1/06. (eg, Deputy Clerk) (Entered: 03/01/2006)	RECAP
63	March 3, 2006	MOTION to Dismiss or for Summary Judgment by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Responses due by 3/20/2006 (Attachments: # 1 Exhibit "A," Affidavit of Patricia Allen# 2 Exhibit "1" to Ex. "A," Affidavit of Patricia Allen# 3 Exhibit "2" to Ex. "A," Affidavit of Patricia Allen# 4 Exhibit "3" to Ex. "A," Affidavit of Patricia Allen# 5 Exhibit "B," Affidavit of Marvin Robbins)(Oakley, Scott) Modified on 3/7/2006 (eg, Deputy Clerk). (Entered: 03/03/2006)	RECAP
64	March 3, 2006	REQUEST for Extension of Time to File Answer (Oakley, Scott) (Entered: 03/03/2006)	RECAP
65	March 7, 2006	LETTER ORDER re Answer, SETTING date for Teleconference. Signed by Judge Benson Everett Legg on 3/7/06. (eg, Deputy Clerk) (Entered: 03/07/2006)	RECAP
66	March 7, 2006	(FILED IN ERROR-DOCUMENT FILED IN THE WRONG CASE) NOTICE OF DISMISSAL and ORDER APPROVING subject to the Court's continuing jurisdiction over issues related to claims against the bond. Signed by Judge Andre M Davis on 3/7/06. (eg, Deputy Clerk) Modified on 3/7/2006 (eg, Deputy Clerk). (Entered: 03/07/2006)	RECAP
	March 7, 2006	The link to DOCUMENT #66 has been reset so that non-court users may not access it and the docket text has been modified to indicate that it was filed in error. It was filed in the wrong case. (eg, Deputy Clerk) Modified on 3/7/2006 (eg, Deputy Clerk).
67	March 13, 2006	ANSWER to Complaint by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker.(Oakley, Scott) (Entered: 03/13/2006)	RECAP
68	March 14, 2006	Correspondence re: Scheduling (Oakley, Scott) (Entered: 03/14/2006)	RECAP
	March 14, 2006	Telephone Conference held on 3/14/2006 held before Judge Benson Everett Legg. (eg, Deputy Clerk)
69	March 15, 2006	LETTER ORDER CONFIRMING SCHEDULE re Discovery, ADMINISTRATIVELY CLOSING 63 Motion of Defendants to Dismiss. Signed by Judge Benson Everett Legg on 3/14/06. (eg, Deputy Clerk) (Entered: 03/15/2006)	RECAP
70	March 28, 2006	PAPERLESS ORDER denying as moot 56 Motion to Shorten Time. Signed by Judge Benson Everett Legg on 03/28/2006. (Legg, Benson Everett) (Entered: 03/28/2006)	RECAP
71	March 28, 2006	PAPERLESS ORDER denying as moot 57 Motion to Shorten Time. Signed by Judge Benson Everett Legg on 03/28/2006. (Legg, Benson Everett) (Entered: 03/28/2006)	RECAP
72	March 29, 2006	Correspondence re: scheduling (Zubler, Todd) (Entered: 03/29/2006)	RECAP
73	April 20, 2006	MOTION for Protective Order and For Expedited Consideration by Vernon Evans, Jr. Responses due by 5/8/2006 (Attachments: # 1 Exhibit Proposed Protective Order# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Zubler, Todd) (Entered: 04/20/2006)	RECAP
74	April 21, 2006	Cross MOTION for Protective Order and Opposition to Plaintiff's Motion for Protective Order by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Responses due by 5/8/2006 (Attachments: # 1 Exhibit "A"# 2 Exhibit "B"# 3 Exhibit "C"# 4 Exhibit "D")(Oakley, Scott) (Entered: 04/21/2006)	RECAP
75	April 24, 2006	MOTION for Extension of Time to Respond to Plaintiff's Discovery by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Responses due by 5/11/2006 (Attachments: # 1 Exhibit "A"# 2 Text of Proposed Order)(Oakley, Scott) (Entered: 04/24/2006)	RECAP
76	April 24, 2006	REPLY to Response to Motion re 73 MOTION for Protective Order and For Expedited Consideration, 74 Cross MOTION for Protective Order and Opposition to Plaintiff's Motion for Protective Order filed by Vernon Evans, Jr. (Attachments: # 1 Text of Proposed Order)(Zubler, Todd) (Entered: 04/24/2006)	RECAP
77	April 25, 2006	RESPONSE to Motion re 75 MOTION for Extension of Time to Respond to Plaintiff's Discovery filed by Vernon Evans, Jr. Replies due by 5/9/2006. (Zubler, Todd) (Entered: 04/25/2006)	RECAP
78	April 28, 2006	ORDER granting 75 Motion by the State for an Extension of Time. Signed by Judge Benson Everett Legg on 4/28/06 (cag, Deputy Clerk) (Entered: 04/28/2006)	RECAP
79	May 2, 2006	Joint MOTION for Other Relief Scheduling Order by Vernon Evans, Jr. Responses due by 5/19/2006 (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Zubler, Todd) (Entered: 05/02/2006)	RECAP
80	May 3, 2006	PAPERLESS ORDER granting 79 Joint Motion. Signed by Judge Benson Everett Legg on 05/03/2006. (Legg, Benson Everett) (Entered: 05/03/2006)	RECAP
81	May 3, 2006	MOTION Enforce Court's Order Dated April 28, 2006 by Vernon Evans, Jr. Responses due by 5/22/2006 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Zubler, Todd) (Entered: 05/03/2006)	RECAP
82	May 3, 2006	RESPONSE to Motion re 81 MOTION Enforce Court's Order Dated April 28, 2006 and Cross-Motion to Enlarge Time filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 5/17/2006. (Oakley, Scott) (Entered: 05/03/2006)	RECAP
83	May 4, 2006	ORDER re Confidentiality. Signed by Judge Benson Everett Legg on 5/4/06. (hml, Deputy Clerk) (Entered: 05/04/2006)	RECAP
84	May 5, 2006	Joint MOTION for Protective Order by Vernon Evans, Jr. Responses due by 5/22/2006 (Attachments: # 1 Text of Proposed Order)(Zubler, Todd) (Entered: 05/05/2006)	RECAP
85	May 5, 2006	PROTECTIVE ORDER Signed by Judge Benson Everett Legg on 5/5/06(cag, Deputy Clerk) (Entered: 05/05/2006)	RECAP
86	May 15, 2006	NOTICE of Appearance by Stephanie Katherine Wood on behalf of Vernon Evans, Jr (slf, Deputy Clerk) (Entered: 05/15/2006)	RECAP
87	May 15, 2006	MOTION for Anne Harden Tindall to Appear Pro Hac Vice by Vernon Evans, Jr.(fee pd, voucher #14637009178) (slf, Deputy Clerk) (Entered: 05/15/2006)	RECAP
88	May 15, 2006	MARGINAL ORDER granting 87 Motion of Anne Harden Tindall to Appear Pro Hac Vice. Signed by Clerk on 5/15/06. (see pleading No 87) (slf, Deputy Clerk) (Entered: 05/15/2006)	RECAP
89	May 15, 2006	MOTION for Anne H. Geraghty to Appear Pro Hac Vice by Vernon Evans, Jr.(fee pd, voucher #14637009178) (slf, Deputy Clerk) (Entered: 05/15/2006)	RECAP