Wilson v. The Birmingham Public Library Foundation et al

Filing 43

MOTION to Continue Pretrial Conference by Birmingham Library Board, City of Birmingham, Alabama, The. (Fullerton, Frederic)

FILED
2012 Jan-24 PM 01:57
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BARBARA ANN WILSON,
Plaintiff,
v.
CITY OF BIRMINGHAM, et al.,
Defendants.

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CIVIL ACTION NO.
CV-10-KOB-2386
No Opposition

DEFENDANTS’ MOTION TO CONTINUE PRETRIAL CONFERENCE

The Defendants, the City of Birmingham (“City”), a municipal corporation
under the laws of the State of Alabama, and the Birmingham Library Board (“Board”),
by and through their attorney of record, moves this Court to continue the Pretrial
Conference set on Thursday, February 2, 2012 and as grounds therefore say as follows:
1.

On January 9, 2012, the Court set a Pretrial Conference in the above
styled matter for Thursday, February 2, 2012 at 3:30 p.m.

2.

Undersigned Counsel for the Defendants has a specially set deposition of
an expert witness flying in from Delaware, MD in another pending
federal case starting at 1 p.m. on Thursday, February 2, 2012.
Undersigned Counsel believes that it is highly unlikely that the deposition
will be concluded by 3:30 p.m.
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3.

No party to this action will be prejudiced by the granting of this motion.
This request is not made for any improper purpose and will not delay or
affect any current deadlines in the case. Trial in this matter is tentively set
for April 23, 2012.

WHEREFORE, these premises considered, the Defendants respectfully request
that the Pretrial conference be continued to a date convenient for the Court. That such
other and further relief be provided as the Court may deem proper.
Respectfully submitted,
/s/Fredric L. Fullerton, II
Fredric L. Fullerton, II
Assistant City Attorney
City of Birmingham Law Department
600 City Hall
710 North 20th Street
Birmingham, Alabama 35203
[phone]/[phone] FAX
CERTIFICATE OF SERVICE
I hereby certify that on January 24, 2012, I electronically filed the foregoing
with the Clerk of the Court using the CM/ECF system which will send notification of
such filing to the following:
Adam P. Morel, Esq.
517 Beacon Parkway West
Birmingham, AL. 35209

/s/Fredric L. Fullerton, II
Of Counsel

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