Snyder v. Phelps et al

Filing 111

STATUS REPORT by Fred W. Phelps, Sr, Westboro Baptist Church, Inc.. (Katz, Jonathan)

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Snyder v. Phelps et al Doc. 111 UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND Baltimore Division ALBERT SNYDER, Plaintiff v. FRED PHELPS, et al, Defendant. : : : : : : : : : Civ. No. 1:06-cv-01389-RDB : STATUS REPORT OF DEFENDANTS FRED W. PHELPS, SR., AND WESTBORO BATPIST CHURCH, AND MOTION FOR LEAVE TO LATE-FILE THE STATUS REPORT. Defendants Fred W. Phelps, Sr., and Westboro Baptist Church (collectively, "Defendants"), respectfully submit this Status Report, as required by the Court's Scheduling Order and amendments thereto. Defendants apologize for filing this Status Report nine days late. It was not intended for this Report to be filed late. Defendants respectfully move for leave to file the Status Report today, beyond the deadline that was provided by the Court. a. Whether discovery has been completed. Defendants have completed discovery, except that Defendants continue updating discovery responses pursuant to the governing rules. For instance, next week Defendants will be providing Plaintiff with a scene video that was recently taken, as well as recent written communications between counsel and the 1 Defendants' experts that have not already been provided to Plaintiff. b. Whether any motions are pending. None by Defendants. c. Whether any party intends to file a dispositive pretrial motion. Defendants will file a summary judgment motion. d. Whether the case is to be tried by jury or non-jury and the anticipated length of trial. Jury trial. Two weeks has been calendared for the trial, and Defendants wish to have the full two weeks set aside for evidence and jury deliberations. Undersigned counsel understands that Plaintiff anticipates up to three days to present evidence. Defendants anticipate up to three to four days to present their case in chief and any rebuttal evidence. e. A certification that the parties have met to conduct serious settlement negotiations; and the date, time and place of the meeting and the names of all persons participating therein. 2 Defendants, prior to the commencement of depositions in this civil action, through undersigned counsel, proposed settlement negotiations months ago to Plaintiff's counsel Sean Summers, and Defendants remain interested in such negotiations. Plaintiff's counsel never accepted nor followed up on this offer, and no further settlement discussions have taken place. Because Defendants remain interested in settlement negotiations, on August 17, 2007, undersigned counsel sent opposing counsel Sean Summers and Craig Trebilcock an email proposing holding such a settlement negotiations meeting soon, and will supplement this answer if such a meeting is held. f. Whether each party believes it would be helpful to refer this case to another judge of this court for a settlement or other ADR conference, either before or after the resolution of dispositive motions. Defendants wish to participate in such a conference, and is willing to do so as early as prior to the resolution of the dispositive motions. g. Whether all parties consent, pursuant to 28 U.S.C. 636(c), to have a U.S. Magistrate Judge conduct any further proceedings in this case, either before or after the resolution of any dispositive pretrial motion, including trial (jury or non-jury) and entry of final judgment. 3 No, except that Defendants agree for a Magistrate Judge to handle any settlement conference. h. Any other matters which you believe should be brought to the court's attention. Defendants reserve the option to file a motion to recuse the current trial judge, and plan to inform the Court whether or not it will be filing such a motion. Also, during trial, one or more defense witnesses may be referring to and doing a computer search through the King James Bible and writings of scriptural expositors, through the medium of the Online Bible (Windows Version 2.10), which is available for purchase below $100 at (last checked August 17, 2007). Respectfully submitted, ___/s/__________________________ Jonathan L. Katz D.Md. Bar No. 07007 1400 Spring St., Suite 410 Silver Spring, MD 20910 Ph: (301) 495-4300 Fax: (301) 495-8815 CERTIFICATE OF SERVICE I certify that a copy of the foregoing Status Report was served by as follows on August 17, 2007, to: 4 Sean E. Summers, Esq. (only system) Paul W. Minnich, Esq. Rees Griffiths, Esq. Craig Tod Trebilcock, Esq. by the CM/ECF filing Becky Phelps-Davis (by mail only) 1216 Cambridge Topeka, KS 66604 Shirley Phelps-Roper (by mail only) 3640 Churchill Road Topeka, KS 66604 ____/s/_____________________________ Jonathan L. Katz 5

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