Case 5:14-cv-00665-F Document 260 Filed 10/16/15 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
RICHARD GLOSSIP, et al.,
Plaintiffs,
vs.
KEVIN J. GROSS, et al.,
Defendants.

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Case No. CIV-14-665-F

ORDER GRANTING JOINT STIPULATION
PLAINTIFFS, Richard E. Glossip, James A. Coddington, Benjamin R. Cole
by and through his next friend Robert S. Jackson, Carlos Cuesta-Rodriguez,
Nicholas A. Davis, Richard S. Fairchild, John M. Grant, Wendell A. Grissom,
Marlon D. Harmon, Raymond E. Johnson, Emmanuel A. Littlejohn, James D.
Pavatt, Kendrick A. Simpson, Kevin R. Underwood, Brenda E. Andrew, Shelton
D. Jackson, Phillip D. Hancock, Julius D. Jones, Alfred B. Mitchell, and Tremane
Wood (“Plaintiffs”), and DEFENDANTS, Kevin J. Gross, Michael W. Roach,
John T. Holder, Gene Haynes, Frazier Henke, Irma J. Newburn, James M. Tilly,
Members of the Oklahoma Board of Corrections; Robert C. Patton, Director of the
Oklahoma Department of Corrections; Anita K. Trammell, Warden Oklahoma
State Penitentiary; Edward Evans, Associate Director of Field Operations; David
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 Case 5:14-cv-00665-F Document 260 Filed 10/16/15 Page 2 of 3

Parker, Division Manager of East Institutions; Greg Williams, Division Manager
of West Institutions; and H-unit Section Chief, IV Team Leader and IV Team
Members #1-10, Special Operations Team Leader and Special Operations Team
Members #1-10, whose identities are unknown, in their official capacities as
Employees, Contractors and/or Agents of the Oklahoma Department of Corrections
(“Defendants”), have jointly stipulated to administratively close this action for an
indefinite period of time. Having considered the parties’ request and for good
cause shown,
IT IS HEREBY ORDERED that:
1.

This action should be administratively closed for an indefinite period
of time.

2.

It would be in the interests of judicial economy and comity for the
Oklahoma Attorney General not to seek an execution date from the
Oklahoma Court of Criminal Appeals for any of the Plaintiffs or any
other condemned prisoners until after counsel for Plaintiffs are
provided the following:
(a)

notice that investigations, known to the Office of the Attorney

General, by any local, state, or federal authorities related to execution
procedures of the Oklahoma Department of Corrections have been
conducted;
(b)

the results, to the extent they are public, of the investigations

referenced above in (a);

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 Case 5:14-cv-00665-F Document 260 Filed 10/16/15 Page 3 of 3

(c)

notice and copies of amendments, if any, to “Execution of

Offenders Sentenced to Death,” OP-040301, effective date June 30,
2015 (“Protocol”); and
(d)

notice that the Oklahoma Department of Corrections will be

able to comply with the express terms of the Protocol.
3.

The Oklahoma Attorney General will not seek an execution date until
at least 150 days after Plaintiffs are provided the information
described in (a), (b), (c) and (d) above.

4.

Upon being provided the information described in (a), (b), (c) and (d)
above, Plaintiffs will have fourteen days to move to reopen the present
action. If Plaintiffs fail to timely comply with these requirements, the
Court will dismiss the action without prejudice.

5.

Plaintiffs will have thirty days after moving to reopen this action to
amend the Second Amended Complaint (Doc. Nos. 214, 215).

6.

Defendants agree not to assert any defenses concerning exhaustion of
administrative remedies, statute of limitations, or laches.

SO ORDERED this 16th day of October, 2015.

14-0665p060.PO.wpd

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