Free Order - District Court of Delaware - Delaware

Case 1:04-cv-01540-GMS

Document 78

Filed 05/11/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

GLADYS BAILEY, as the Administratrix of) the Estate of DEBBIE BAILEY, deceased, ) et al., ) ) Plaintiffs, ) ) v. ) ) RONALD I. LEBMAN, M.D., et al., ) ) Defendants. )

Civil Action No. 04-1540 (GMS)

ORDER WHEREAS, on December 22, 2004, the plaintiffs filed the above-captioned action alleging medical negligence and EMTALA violations against the defendants; WHEREAS, on May 19, 2005, the court issued a Scheduling Order (D.I. 35), setting a 7-day jury trial for this matter to commence on June 19, 2006; WHEREAS, on May 8, 2006, Mason E. Turner, Jr., Esquire ("Mr. Turner"), counsel for the defendants, filed a letter (D.I. 76) to inform the court of a conflict, specifically that he would be unavailable for trial on June 21, 2006, due to an en banc oral argument in a case before the state court; WHEREAS, the letter requests a teleconference with the court to discuss the conflict; and WHEREAS, after having considered the letter, the court concludes that a teleconference is not necessary, as Mr. Turner is required to attend trial in this matter on June 21, 2006;

Case 1:04-cv-01540-GMS

Document 78

Filed 05/11/2006

Page 2 of 2

IT IS HEREBY ORDERED that: 1. 2. Mr. Turner's letter request for a teleconference (D.I. 76) is DENIED. Mr. Turner shall appear before this court in the trial of the above-captioned matter on Wednesday, June 21, 2006. 3. The court will entertain no further requests on this issue.

Dated: May 11, 2006

/s/ Gregory M. Sleet UNITED STATES DISTRICT JUDGE

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