Archer v. City of Winter Haven et al

Filing 62

ORDER granting 54 Motion to Attend Meeting Pursuant to Local Rule 3.05(c)(2)(B) via Telephone. Signed by Magistrate Judge Amanda Arnold Sansone on 5/12/2017. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

DARRELL ARCHER,
Plaintiff,
v.

Case No.: 8:16-cv-3067-T-36AAS

CITY OF WINTER HAVEN, et al.,
Defendants.
______________________________________/
ORDER
This matter is before the Court on Plaintiff’s Motion to Attend Meeting Pursuant to Local
Rule 3.05(c)(2)(B) via Telephone (Doc. 54), and Defendants’ responses thereto (Docs. 59, 60, 61).
According to the Motion, Plaintiff Darrell Archer is unable to appear in person at the case
management conference because he currently1 resides out of state. Plaintiff states that he is fully
prepared to participate via telephone at a time convenient for defense counsel.
Defendants Walmart Inc. and Kristine Wood object to Plaintiff’s request to appear via
telephone because, as the plaintiff, he will be expected to appear in person throughout the course
of this litigation.2 The Court agrees that Plaintiff will be expected to appear in person for various
events, including hearings, throughout this litigation. As to the case management conference,
however, no party will suffer any prejudice if it is conducted via telephone.

1

Plaintiff asserts that he will be returning to his Florida residence on June 20, 2017.

2

Identical responses were filed on behalf of Defendant Walmart Inc. and Defendant
Kristine Wood. (See Docs. 60, 61). In the future, should Defendant Wood—or any party for that
matter—wish to file papers identical to that of another party, a joint filing or the adoption of the
other party’s filing would be more appropriate.
1

Accordingly, it is ORDERED that:
Plaintiff’s Motion to Attend Meeting Pursuant to Local Rule 3.05(c)(2)(B) via Telephone
(Doc. 54) is GRANTED. All parties may attend the case management conference via telephone,
which shall be conducted as soon as possible.3
DONE AND ORDERED in Tampa, Florida on this 12th day of May, 2017.

3

The parties are reminded that the deadline for conducting the case management
conference has already passed. See Local Rule 3.05(c)(2)(B), M.D. Fla.
2