Toffoloni v. LFP Publishing Group, LLC

Filing 209

Joint MOTION for Order Specially Setting Trial by LFP Publishing Group, LLC, Maureen Toffoloni. (Bauer, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
MAUREEN TOFFOLONI,
as Administrator and Personal
Representative of the ESTATE
OF NANCY E. BENOIT,

)
)
)
)
)
Plaintiff,
)
)
vs.
)
)
LFP PUBLISHING GROUP, LLC, )
d/b/a Hustler Magazine, et al,
)
)
Defendant.
)

CASE NO. 1:08-cv-00421-TWT

JOINT CONSENT MOTION FOR SPECIAL TRIAL SETTING
COME NOW Plaintiff Maureen Toffoloni and Defendant LFP Publishing
Group, LLC, by and through their respective undersigned counsel, and hereby
jointly and respectfully submit this Joint Consent Motion for Special Trial Setting
(“Motion”). In support of the Motion the parties show this Honorable Court the
following:
1.

This matter is presently the first civil matter on the Court’s June 6,

2011 trial calendar, behind the Court’s criminal docket and, specifically, the matter
of U.S. v. Page.
2.

Based on conversations with the attorneys representing the parties in

the matter of U.S. v. Page and this Court’s Deputy Clerk, it does not appear that

the Page matter is likely to resolve before June 6, 2011, such that the abovecaptioned matter would not likely be called for trial until Monday, June 13, 2011.
3.

Counsel for Plaintiff is also presently scheduled to participate in a trial

in another matter pending in the state courts during the week of June 6, 2011.
4.

Defendant’s key live witnesses reside in California, and must make

travel arrangements and accommodations to be present in Atlanta for the trial of
this matter.
5.

Counsel for the parties have conferred and jointly and respectfully

request that, given the foregoing, the Court specially set this matter for trial to
commence at 9:30 a.m. on June 13, 2011. A proposed Order is submitted herewith
for the Court’s convenience.
Respectfully submitted this 31st day of May 2011.

/s/ Richard P. Decker
Richard P. Decker
Georgia Bar No. 215600
F. Edwin Hallman, Jr.
Georgia Bar No. 319800
Richard A. Wingate
Georgia Bar No. 770617
Zachary M. Wilson III
Georgia Bar No. 559581

/s/ S. Derek Bauer
James C. Rawls
Georgia Bar No. 596050
Barry J. Armstrong
Georgia Bar No. 022055
S. Derek Bauer
Georgia Bar No. 042537
Darrell J. Solomon
Georgia Bar No. 305922

HALLMAN & WINGATE, LLC
166 Anderson Street, S.E.
Suite 210
Marietta, GA 30060
[phone]

McKENNA LONG & ALDRIDGE
LLP
303 Peachtree Street, NE, Suite 5300
Atlanta, GA 30308
[phone]
[phone] (facsimile)

Attorneys for Maureen Toffoloni
Pro hac vice:
Paul J. Cambria, Jr.
Jeffrey Reina
William M. Feigenbaum
LIPSITZ GREEN SCIME CAMBRIA
LLP
42 Delaware Avenue, Suite 120
Buffalo, NY 14202-3924
[phone]
[phone] (facsimile)
Attorneys for LFP Publishing Group,
LLC

CERTIFICATE OF SERVICE
I hereby certify that I have electronically filed the within and foregoing
JOINT CONSENT MOTION FOR SPECIAL TRIAL SETTING with the
Clerk of Court using the CM/ECF system which will automatically send email
notification of such filing to Plaintiff’s attorneys of record, who are participants in
the EM/ECF system.
This 31st day of May 2011.

/s/ S. Derek Bauer
S. Derek Bauer

ATLANTA:5307726.1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
MAUREEN TOFFOLONI,
as Administrator and Personal
Representative of the ESTATE
OF NANCY E. BENOIT,

)
)
)
)
)
Plaintiff,
)
)
vs.
)
)
LFP PUBLISHING GROUP, LLC, )
d/b/a Hustler Magazine, et al,
)
)
Defendant.
)

CASE NO. 1:08-cv-00421-TWT

(PROPOSED) ORDER
Having considered the parties’ JOINT CONSENT MOTION FOR
SPECIAL TRIAL SETTING, and for the good cause shown, the motion is hereby
GRANTED.
It is hereby ORDERED that the trial of this matter shall commence at 9:30
a.m. on June 13, 2011.
So ORDERED this

day of

2011.

Hon. Thomas W. Thrash, Jr.
United States District Judge