PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CASE NO. 97-1197-CIV-ORL-19B

MEREDITH T. RANEY, JR. ,
Plaintiff,
vs.
AWARE WOMAN CENTER FOR
CHOICE, INC. , a Florida Corporation,
EDWARD W. WINDLE, JR. , and
PATRICIA B. WINDLE.
Defendants.

MOTION FOR JUDGMENT ON THE PLEADINGS IN FAVOR OF THE PLAINTIFF TOGETHER WITH MEMORANDUM IN SUPPORT THEREOF

Plaintiff, Meredith T. Raney, Jr., by and through his undersigned attorney, hereby moves for a Judgment on the Pleadings in his favor, in support thereof saying:

1. The Defendants did not obey the Case Management and Scheduling Order entered on February 2,1998 as is shown in detail in Report From Plaintiff On Meeting For Joint Pretrial Statement of December 15, 1998, together with the supplements thereto, especially the Transcript of Proceedings, dated December 15, 1998.

2. It is appropriate to strike or dismiss the Defendants' pleadings, including answers, defenses and counterclaims, pending or proposed, as of December 15, 1998.

WHEREFORE, Plaintiff moves that judgment in his favor be entered for the statutory damages of each of the three counts specified in his complaint, namely $5,000 per count, that punitive damages be determined by a jury and that Plaintiff be awarded costs and attorney's fees.

MEMORANDUM

LOCAL RULE 3.01(g)

Normally opposing counsel would be contacted as a prerequisite to filing motions. However, this rule makes exceptions for motions to dismiss and motions for Judgment on the pleadings. Thus there was no need to consult opposing counsel before filing this motion.

LOCAL RULE 3.01(h)

This rule requires that all dispositive motions be labeled such; this has been done.

CONSEQUENCES

The Defendants have not met the standard of conduct required by The Case Management and Scheduling Order and so should suffer the consequences of Federal Rule of Civil Procedure 16 (f) which permits utilization of Federal Rules of Civil Procedure 37(b) (2) (B) and (C). These latter rules contemplate orders refusing to allow the disobedient party to support or oppose designated claims or defenses and also orders allowing designated facts to be taken as established for the purposes of the action in accordance with the claim of a person obtaining the order. Here that person is the Plaintiff.

GETTING WHAT THEY WANT

The record clearly discloses that the Defendants desperately want to avoid a jury trial on the three FACE counts specified in Plaintiff's complaint. They should get their wish. The Court can oblige Defendants by striking their pleadings and entering a judgment on the complaint for the Plaintiff for the statutory amount of damages, namely $5,000 per count.

WHEREFORE, the relief requested in the foregoing motion should be granted.

Respectfully submitted,
Christopher F. Sapp <signed>
Post Office Box 1012
Lehigh Acres, Florida 33970
(941) 368-3922
Florida Bar NO.: 0097823
Attorney for Plaintiff

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to Roy Lucas, Esquire, Post Office Box 1433, Melbourne, Florida 32902, Susan England, Esquire, 2805 Lakeview Drive, Fern Park, Florida 32730 and to Lawrence M. Siff, Esquire, O'Connor & Meyers, PA, 2801 Ponce de Leon Blvd., 9th Floor, (Coral Gables) Miami, Florida 33134 this 14th day of January, 1999.

Christopher F. Sapp <signed>
Attorney