Smith v. Boyd et al (INMATE1)

Filing 128

ORDER denying 127 Motion to Continue pretrial conference set for 1/24/2013, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 12/28/12. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
GARY TORENCE SMITH,
Plaintiff,
v.
LOUIS BOYD, et al.,
Defendants.

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CASE NO. 2:09-cv-1055-MEF
(WO – Do Not Publish)

ORDER
Before the Court is Defendants’ Motion to Continue Pre-Trial Conference Set for
January 24, 2013 (Doc. #127). The trial in this case is set for February 25, 2013, with a
pretrial conference set for January 24, 2013. These dates have been scheduled since
November 29, 2013. (See Doc. #122.)
Defense counsel recently informed the Court that she may have a potential conflict
with the January 24, 2013 pretrial conference due to a trial scheduled to take place in
Birmingham on January 22, 2013. While the Court certainly recognizes the potential for
such a conflict, at this point in the time, no conflict has actually presented itself, as the
Birmingham case may settle, be continued, or trial may be completed by the pretrial
conference date. In other words, the Court would like to avoid rescheduling the pretrial
conference in this matter to one of the dates suggested by Defendants until such a conflict
does indeed exist, as these dates fall during the Court’s January civil trial term. Accordingly,
Defendants’ motion (Doc. #127) is DENIED with leave to refile closer to the date of the
Birmingham trial (January 22, 2013) if the potential conflict described in this motion still

exits.
DONE this the 28th day of December, 2012.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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