O'BRYANT v. FINCH et al

Filing 146

ORDER SUPPLEMENTING AND AMENDING PREVIOUS ORDERS OF THE COURT: Re Order's 141 and 142 . Signed by SENIOR JUDGE LACEY A COLLIER on 2/18/2009. The February 11, 2009, Order Setting Trial is hereby AMENDED to reflect that this case is set for Bench Trial on Thursday, March 26, 2009. Plaintiff's Motions due by 3/5/2009, Notice to the Court due by 3/10/2009, Trial Briefs/Memoranda due by 3/19/2009, Bench Trial set for 3/26/2009 09:00 AM in Pensacola before SENIOR JUDGE LACEY A COLLIER. (djb)

IN THE UNITED STATES DISTRICT COURT FOR THE N O R T H E R N DISTRICT OF FLORIDA P A N A M A CITY DIVISION TH OM AS C. O'BRYANT, Plaintiff, v. M . D . FINCH, De fend ant. _______________________________/ Case No. 5:05cv111/LAC/MD

O R D E R SUPPLEMENTING AND AMENDING P R E V IO U S ORDERS OF THE COURT In light of the February 6 and February 11, 2009, Pretrial Orders of the Court, it is no w hereby ORDERED: 1. O n or before March 5, 2009, Plaintiff shall file all written motions pertaining to the Court issuance of any writ to secure the attendance of an incarcerated w i t n e s s , as explained in the Court's February 11, 2009, Order. In the event t h a t Plaintiff does not need to secure the attendance of any such witness, he shall file a Notice with the Court stating this. Failure to comply with this O r d e r will result in Plaintiff being unable to call any incarcerated witnesses a n d may also result in the dismissal of this action.

2.

O n or before March 10, 2009, the parties shall file a Notice with the Court d e t a il i n g the results of their communications regarding all stipulations, e x h i b i t s , documents, witness and experts, and the possibility of settlement, as i n s tr u c t e d in the Court's February 11, 2009, Order Setting Trial. Failure to do s o may result in sanctions.

3.

O n or before March 19, 2009, the parties shall file their trial briefs or m e m o r a n d a as explained in the February 11, 2009, Order Setting Trial. Failure t o do so may result in sanctions.

4.

T h e Court notes that in its February 11, 2009, Order Setting Trial it stated that th i s case was set for a jury trial. There is no indication in the record of this c a s e that either party has requested trial by jury. Accordingly, the February 11, 2 0 0 9 , Order Setting Trial is hereby AMENDED to reflect that this case is set f o r Bench Trial on Thursday, March 26, 2009, commencing at 9:00, A.M. All other parts of the February 11, 2009, Order remain in full force and effect.

O R D E R E D on this 18th day of February, 2009.

s/L.A. Collier Lacey A. Collier S e n i o r United States District Judge

Case No. 5:05cv111/LAC/MD

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