DEFENDANTS' MOTION AND MEMORANDUM TO EXTEND TIME TO FILE EXPERT REPORTS

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
DEFENDANTS' MOTION AND MEMORANDUM TO EXTEND TIME TO FILE EXPERT REPORTS

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

DEFENDANTS' MOTION AND MEMORANDUM TO EXTEND TIME TO FILE EXPERT REPORTS ON CLAIMS AND EMERGING COUNTERCLAIMS IN LIGHT OF DEPOSITION DELAYS, PENDING DISPOSITIVE MOTIONS, AND NEW TRIAL COUNSEL

Defendants AWCC et al respectfully move this Court to extend the time for filing expert reports to the same time as that of further summary judgment motions, namely October 30, 1998. In support of this motion AWCC states:

1. This action was filed October 1, 1997.
2. A substantial defense motion for summary judgment dismissing the action is currently under submission. This would obviate any testimony, expert or otherwise, on the initial claim and defenses.
3. Present trial counsel Lucas was not specially admitted in a formal way in this case until very recently, namely July 6, 1998, and has not had sufficient time to retain and consult with the several possible necessary experts on issues relevant to the case, i.e., economic, psychological, medical & counseling educational, and a few others.
4. Expert testimony will be essential on the counterclajms, but these need to be amended again in light of very recent deposition testimony, namely that of plaintiff Raney which was only begun Monday July 13, 1998, and has not been completed.
5. An extended date for filing expert reports would not delay the present trial date. Such reports are necessary in the case for any full and fair hearing on all of the issues, and should be both encouraged and allowed as evidence develops.
6. It is certainly possible that if summary judgment should be granted, this case might end altogether, saving the Court much time. However, if the case continues on all claims and counterclaims, expert testimony is essential, and that cannot be developed until further discovery is completed.
7. In compliance with Rule 3.01, counsel consulted with Mr. Sapp in person and via the appended letter on this and other motions.
WHEREFORE, AWCC respectfully moves this Court to permit the filing of expert reports no later than October 30, 1998.

RESPECTFULLY SUBMITTED:

Roy Lucas <signed>
c/o PO Box 1433
Melbourne, FL 32902-1433
(407) 725-2413

Susan A, England
2805 Lakeview Drive
Fern Park, FL 32730-2007
(407) 339-4600

ATTORNEYS FOR DEFENDANT-COUNTERCLAIMANTS.

CERTIFICATE OF SERVICE & RULE 3.01 COMPLIANCE:

The undersigned personally consulted opposing counsel Mr. Sapp concerning this matter on Monday, July 13, 1998, in person, and with the appended correspondence, and further served this motion by mail to him Wed., July 15, 1998, sent to PO Box 1012, Lehigh Acres, FL 33970.
By: Roy Lucas <signed>