Scott v. Lackey, et al

Filing 402

ORDER denying Scott's motion to continue trial date 388 , denying Scott's motion for sanctions against deft Wellington 390 , & denying Scott's letter request for expedited briefing 401 as moot. (See order for complete details.) Signed by Honorable Christopher C. Conner on 06/07/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

TERESA ANNE SCOTT,
Plaintiff

v.
PAMELA WELLINGTON
Defendant

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CIVIL NO. 1:02-CV-01586
(Judge Conner)

ORDER
AND NOW, this 7th day of June, 2012, upon consideration of plaintiff Teresa
Anne Scott’s Emergency Motion to Continue Trial Date (Doc. 388), Motion for
Sanctions Against Defendant Wellington (Doc. 390), and Letter Requesting
Expedited Briefing (Doc. 401), and it appearing that, to the extent the January 29,
2001 email (Doc. 390, Ex. 2) produced by defendant Pamela Wellington at the
May 30, 2012 pretrial conference (Transcript, Doc. 385) was not disclosed to Scott in
the course of discovery, such failure to disclose was unintentional, and it appearing
that the content of the January 29, 2001 email is consistent with Adams’ prior
testimony, cf. (Doc. 390., Ex. 2) (“I cannot and do not want contact with ‘Talking
Dreams’ . . . . [T]o me, she represents a distant danger.”) with (Wellington Trial
Ex. 4, Telephone Deposition of Evan Adams at 144) (“Q: So at some point did you
begin expressing your concerns about Talking Dreams to Pamela Wellington?
A: Yes. . . . A: I told her I had received a disturbing, sexually graphic e-mail from
Talking Dreams.”), and it further appearing that Scott will be entitled to cross-

examine Wellington on her alleged failure to disclose at the time of trial, and the
court finding that Scott’s trial preparation is not prejudiced given that trial is not
scheduled to commence until July 9, 2012, it is hereby ORDERED that:
1.

Scott’s Motion to Continue Trial Date (Doc. 388) is DENIED.

2.

Scott’s Motion for Sanctions Against Defendant Wellington
(Doc. 390) is DENIED.

3.

Scott’s Letter Requesting Expedited Briefing (Doc. 401) is
DENIED as moot.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge