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In re Ohio Execution Protocol Litigation

United States District Court, S.D. Ohio, Eastern Division, Columbus

May 24, 2017

In re OHIO EXECUTION PROTOCOL LITIGATION, This relates to Plaintiffs Phillips, Tibbetts, and Otte

          Edmund A. Sargus, Jr. Chief Judge

          DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR PARTIAL REDACTION OF DEPOSITIONS

          Michael R. Merz United States Magistrate Judge

         This case is before the Court on Defendants' Motion for Protective Order to Require the Partial Redaction of the December 2016 Depositions of Defendants Stephen Gray, Richard Theodore, and Anonymous Execution Team Members No. 9, 17, 21, 31, and 32 (ECF Nos. 975 & 1003). Plaintiffs opposed the Motion (ECF No. 1006) and Defendants have filed a Reply in support (ECF No. 1008).

         Although this Motion has been ripe for decision since March 3, 2017, the Court had not reached it because of the pendency of other capital litigation matters. Based on Plaintiffs' request during the telephone scheduling conference on May 23, 2017, the Court has ordered the unsealing of PageID 30226-27 and 30255 from the Stephen Gray deposition. The remaining redaction issues are dealt with in this Order.

         Agreed Redactions and Related Matters

         The Court approves the redactions agreed to by the parties and set forth in Plaintiffs' Amended Memorandum in Opposition (“AmMemoOpp, ” ECF No. 100, PageID 38742-44).

         Team Member 9 ECF No. 975-3, SEALED PageID 35461; 35495; 35500.

         Team Member 17 ECF No. 975-4, SEALED PageID 35563; 35564; 35565; 35566; 35627; 35628.

         Team Member 21 ECF No. 975-5, SEALED PageID 35716; 35717.

         Stephen Gray ECF No. 905-1, PageID 30292, line 19, through PageID 30298, line 23; PageID 30183, line 18, through PageID 30184, line 16, and the portions of lines 19, 20, and 21 highlighted in yellow at PageID 38378; the portions of lines 9, 10, 11, 14, and 16 highlighted in yellow on PageID 38380; the portions of lines 16 and 17 highlighted in yellow on PageID 30188; PageID 30310, lines 22, 23, and 24; and PageID 30312, from line 15 beginning with the “since” and ending on line 16 with the word “was.”

         Richard Theodore ECF No. 881-1, PageID 29166, line 19 beginning with the word “that's” through line 20; line 22, beginning with the word “for” and ending on line 23 with the word after “called.”

         On agreement of the parties, the deposition of Team Member 10 shall be unsealed.

         With respect to each deposition, the condensed versions of the transcript filed with the full-sized pages (8.5” by 11”) shall be removed when the redacted versions of the transcripts are re-filed.

         Contested ...


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