CASE MANAGEMENT REPORT

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
CASE MANAGEMENT REPORT

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

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

CASE NO.: 97-1197-CV-ORL-19B JUDGE PATRICIA C. FAWSETT

CASE MANAGEMENT REPORT

1. Meeting of Parties: Pursuant to Local Rule 3.05(c)(2)(B) or (c)(3)(A), a meeting was held on Nov. 26, 1997 at 11:00 A.M. at Melbourne, Florida and was attended by:

Vincent G. Torpy, Jr. - Counsel for Defendants
Christopher F. Sapp - Counsel for Plaintiff
Meredith T. Raney, Jr. - Plaintiff

2. Pre Discovery Initial Disclosures of Core Information:

a. Fed. R. Civ. P. 26(a)(1)(C)&(D) Disclosures (Local Rule 3.05(d) provides that these disclosures are mandatory in Track Two Cases and optional in other cases unless otherwise ordered by the Court. Complete the following in all Track Two cases and, when applicable, in Track Three Cases):

The parties agree to exchange information described in Fed.R.Civ.P. 26(a)(1)(C)&(D) by December 15, 1994. Below is a detailed description of information disclosed or scheduled for disclosure.

(a) Statutory damages of $5,000 per Count in lieu of actual damages.

(b) Punitive damages will be estimated by Plaintiff within 30 days after close of Discovery.

b. Fed.R.Civ.P. 26(a)(1)(A)&(B) Disclosures (Local Rule 3.05(d) provides that these disclosures are not mandatory except as stipulated by the parties or otherwise ordered by the Court. Complete the following when applicable):

Plaintiff has video tapes of each Count.

3. Discovery Plan - Plaintiff: The parties jointly propose the following Plaintiff's discovery plan:

a. Plaintiff's Planned Discovery: A description of every discovery effort Plaintiff plans to pursue is described below. The description of each discovery effort will be listed under the appropriate heading below and will include the subject matter of the discovery and the time during which the discovery will be pursued:

(1) Requests for Admission: To be served 30 days after Answers to Interrogatories are returned.

Neither party anticipates seeking limitations at this time

Number of Requests for Admission: Parties may seek to limit the number of Plaintiff's requests for admission in accordance with Fed. R. Civ. P. 26(b)(2). Any such request must be presented by motion. See paragraph 6 below.

(2) Written Interrogatories: will be served 30 days after resolution of Motion on Standing.

Number of Interrogatories: Local Rule 3.03(a) provides "[u]nless otherwise permitted by the Court for cause shown, no party shall serve upon any other party, at one time or cumulatively, more than twenty five (25) written interrogatories pursuant to Rule 33, Fed.R.Civ.P., including all parts and subparts." Any request by Plaintiff to exceed this limit must be presented by motion. See paragraph 6 below.

(3) Requests for Production or Inspection: Such requests are expected to be made in conjunction with Requests for Admissions.

(4) Oral Depositions: These will start within 30 days after completion of all previous discovery efforts.

Number of Depositions: Local Rule 3.02(b) provides, "[i]n accordance with Fed. R. Civ. P. 30(a)(2)(A) and 31(a)(2)(A), no more than ten depositions per side may be taken in any case unless otherwise ordered by the Court." Any request by Plaintiff to -exceed this limit must be presented by motion. See paragraph 6 below.

Time Permitted for Each Deposition: (optional) Parties request that, in accordance with Fed. R. Civ. P. 26(b)(2), the Court limit the time permitted for the conduct of each deposition to (not specified) hours, unless extended by agreement of the parties.

b. Disclosure of Expert Testimony: Parties stipulate, in accordance with Fed.R.Civ.P. 26(a)(2)(C), that Plaintiff's Fed.R.Civ.P. 26(a)(2) disclosure will be due as noted here: The same as provided by Fed.R.Civ.P. 26

c. Supplementation of Disclosures and Responses: Parties agree that Plaintiff's supplementation under Fed.R.Civ.P. 26(e) will be provided at the following times: The same as Fed.R.Civ.P. 26 (e)

d. Completion of Discovery: Plaintiff will commence all discovery in time for it to be completed on or before Sept.15, 1998 assuming resolution of Defendants' Rule 12 Motion by January 15, 1998.

4. Discovery Plan - Defendant: The parties jointly propose the following Defendant's discovery plan:

a. Defendant's Planned Discovery: A description of every discovery effort Defendant plans to pursue is described below. The description of each discovery effort will be listed under the appropriate heading below and will include the subject matter of the discovery and the time during which the discovery will be pursued: Defendants' plan will be the same as Plaintiff's.

(1) Requests for Admission:

Number of Requests for Admission: Parties may seek to limit the number of Defendant's requests for admission in accordance with Fed.R.Civ.P. 26(b)(2). Any such request must be presented by motion. See paragraph 6 below.

(2) Written Interrogatories:

Number of Interrogatories: Local Rule 3.03(a) provides "[u]nless otherwise permitted by the Court for cause shown, no party shall serve upon any other party, at one time or cumulatively, more than twenty-five (25) written interrogatories pursuant to Rule 33, Fed.R.Civ.P., including all parts and subparts." Any request by Defendant to exceed this limit must be presented by motion. See paragraph 6 below.

(3) Requests for Production or Inspection:

(4) Oral Depositions:

Number of Depositions: Local Rule 3.02(b) provides, "[iln accordance with Fed.R.Civ.P. 30(a)(2)(A) and 31(a)(2)(A), no more than ten depositions per side may be taken in any case unless otherwise ordered by the Court." Any request by Defendant to exceed this limit must be presented by motion. See paragraph 6 below.

Time Permitted for Each Deposition: (optional) Parties request that, in accordance with Fed.R.Civ.P. 26(b)(2), the Court limit the time permitted for the conduct of each deposition to (unspecified) hours, unless extended by agreement of the parties.

b. Disclosure of Expert Testimony: Parties stipulate, in accordance with Fed.R.Civ.P. 26(a)(2)(C), that Defendant's Fed.R.Civ.P. 26(a)(2) disclosure will be due as noted here: The same as Plaintiff's

c. Supplementation of Disclosures and Responses: Parties agree that Defendant's supplementation under Fed.R.Civ.P. 26(e) will be provided at the following times: The same as Plaintiff's

d. Completion of Discovery: Defendant will commence all discovery in time for it to be completed on or before Sept, 15, 1998 assuming resolution of Defendants' Rule 12 Motion by January 15, 1998.

5. Joint Discovery Plan - Other Matters: Parties agree on the following other matters relating to discovery (e.g., handling of confidential information, assertion of privileges, whether discovery should be conducted in phases or be limited to or focused upon particular issues): Nothing at this time.

6. Disagreement or Unresolved Issues Concerning Discovery Matters: Any disagreement or unresolved issue concerning discovery matters must be made the subject of a separate motion to be filed not later than eleven days after the filing of the Case Management Report. Such disagreement or unresolved issue will not excuse the establishment of discovery completion dates.

7. Third Party Claims, Joinder of Parties, Amendments of Pleadings, Potentially Dispositive Motions:

(a) The parties agree that the final date for filing motions for leave to file third party claims, motions to join parties, and motions to amend the pleadings shall be (Note time limit in Local Rule 4.03.) as in local rule

(b) The parties agree that the final date for filing motions for summary judgment and all other potentially dispositive motions shall be October 15, 1998.

8. Settlement and Alternative Dispute Resolution. Parties agree that settlement is unlikely.

Parties agree to consent to binding arbitration pursuant to Local Rules 8.02(a)(3) and 8.05 (b). No

Parties agree to participate in court annexed mediation as detailed in Chapter Nine of the Court's Local Rules. No

Parties agree to consent to trial presided over by United States Magistrate Judge. No

Parties intend to pursue the following other methods of alternative dispute resolution: N/A

In accordance with Local Rule 3.05(c)(2)(C)(v), parties agree that if they do not report to the Court that the case has settled on or before N/A (date), parties will apply for an order invoking Court annexed arbitration (Chapter Eight of Local Rules) or Court annexed mediation (Chapter Nine of Local Rules) on that date. There will be no application for alternative resolution.

9. Preliminary Pretrial Conference: Track Three Cases: Local Rule 3.05(c)(3)(B) provides that preliminary pretrial conferences are mandatory in Track Three Cases.

Track Two Cases: Parties do not request a preliminary pretrial conference before entry of a Case Management and Scheduling Order in this Track Two case. Unresolved issues to be addressed at such a conference include:

10. Final Pretrial Conference and Trial: Parties agree that they will meet
personally on Dec. 15, 1998 and 1:30 P M. at Melbourne to comply with Local Rule 3.06 (b) and (c) and that they will prepare and file a Joint Final Pretrial Statement no later than January 5, 1999 . Parties agree that they will be ready for a final pretrial conference on or after (not specified) and for trial on or after January 15,1999. The trial is expected to take approximately 5 days. The trial is to be JURY.

11. Pretrial Dosclosures and Final Pretrial Procedures: Parties acknowledge that they are aware of and will comply with pretrial disclosures requirements in Fed. R.Civ.P. 26(a)(3) and final pretrial procedures requirements in Local Rule 3.06.

Date:

Signature of Counsel (with information required by Local Rule 1.05(d)) and Signature of Unrepresented Parties

Christopher F. Sapp <signed>
Attorney for Plaintiff
Post Office Box 1012
Lehigh Acres, Florida 33970
(941) 368-3922
Florida Bar Number 0097823

Vincent G. Torpy, Jr.
Attorney for Defendants
930 Harbor City Blvd., Suite 505
Melbourne, Florida 32901
(407) 984-3300
Florida Bar Number 394882