LOEBER v. SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS

Filing 68

ORDER re: Dfts' Notice of Conflict 67 . Not later than March 8, 2011, Dfts attorney shall provide a full explanation of how and when his state court conflict arose & shall explain why that schedule conflict was not promptly reported to this court prior to the issuance of the Scheduling & Mediation Order. (Internal deadline for referral to judge if response not filed earlier: 3/8/2011). Signed by JUDGE RICHARD SMOAK on 3/1/2011. (sea)

-MD LOEBER v. DEPARTMENT OF CORRECTIONS et al

Doc. 68

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

MICHAEL J. LOEBER, Plaintiff, vs. LARRY CAMPBELL, in his official capacity as Sheriff of Leon County, Florida; and PRISON HEALTH SERVICES, INC., Defendants. _______________________________________ LARRY CAMPBELL, in his official capacity as Sheriff of Leon County, Counter-Claimant, vs. MICHAEL J. LOEBER, Counter-Defendant. ______________________________________/ CASE NO. 5:09cv402/RS-MD

ORDER Before me is Defendants' Notice of Conflict (Doc. 67). Consideration of this notice is deferred until Defendants' counsel provides an explanation of how and why the alleged scheduling conflict arose. This case was scheduled for trial by the Scheduling and Mediation Order (Doc. 63) filed on December 2, 2010. The parties' joint report filed on December 1, 2010 (Doc. 60), stated, "Moreover, counsel for Defendant Sheriff PRESENTLY is likely to have trials scheduled for March, April, May, June and July 2011." Three months have passed without

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any notice, until now, from Defendants' attorney that a scheduling conflict existed for the July 25, 2011, trial date. Not later than March 8, 2011, Defendants' attorney shall provide a full explanation of how and when his state court conflict arose and shall explain why that schedule conflict was not promptly reported to this court prior to the issuance of the Scheduling and Mediation Order.

ORDERED on March 1, 2011.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE