PLAINTIFF'S MOTION FOR EVIDENTIARY HEARING

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V MELBOURNE
DOCKET / CHRONOLOGICAL FILE
PLAINTIFF'S MOTION FOR EVIDENTIARY HEARING

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CASE NO.: 99-416-CIV-ORL-19B

MEREDITH T. RANEY, JR.,
Plaintiff,
v.
CITY OF MELBOURNE, FLORIDA
Defendant.

PLAINTIFF'S MOTION FOR EVIDENTIARY HEARING

The Plaintiff, Meredith T. Raney, Jr., by and through his undersigned attorney, hereby requests an evidentiary hearing as specified by the United States Court of Appeals in its mandate filed May 10, 2000, saying:

1. The mandate of the United States District Court of Appeals, Eleventh Circuit, filed May 10, 2000, provides that an evidentiary hearing should be held by the U.S. District Court, Middle District of Florida, as to the allegations of the Plaintiff/Appellant's motion to restrict the record on appeal to those items listed on the Clerk's docket in this case, in the event that the Clerk of the District Court determines that said docket is correct.

2. To the best of Plaintiff/Appellant's knowledge, the Clerk has not published such a determination; however, the U.S. District Judge signed an order on May 19, 2000, stating, among other things, that the official docket is correct.

3. The U.S. District Judge has also required counsel for the parties to make a formal request for an evidentiary hearing as a condition therefor.

4. In keeping with the mandate of the United States Court of Appeals that an evidentiary hearing be held in present circumstances, the undersigned counsel hereby requests that said evidentiary hearing be held on the issues specified in the mandate from the United States Court of Appeals.

5. The anticipated witnesses at the evidentiary hearing are expected to include the following persons:

a. The U.S. District Judge presently assigned to the case, the Honorable Patricia Fawsett.
b. Attorney for the Defendant, Lamar Oxford.
c. Attorney Roy Lucas.
d. Attorney for the Plaintiff, Christopher Sapp.
e. Various personnel in the office of the present U.S. District Judge.
f. Various personnel in the office of the Clerk of U.S. District Court.
g. Meredith T. Raney, Jr.

6. A Motion To Recuse is filed herewith.

WHEREFORE, Plaintiff, Meredith T. Raney, Jr., by and through his undersigned attorney, files this motion for the evidentiary hearing mandated by the United States Court of Appeals, at the same time complying with that Order signed by the U.S. District Judge on May 19, 2000.

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

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to Lamar Oxford, Esquire, Post Office Box 2928, Orlando, Florida 32802 this 27th day of May, 2000.

Christopher F. Sapp (signed)
Attorney