BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA CASE NO: 07-64 INQUIRY CONCERNING JUDGE RALPH E. ERIKSSON / SUPREME COURT CASE NUMBER SC07-1648 MOTION TO CONTINUE THE FINAL HEARING, PREHEARING CONFERENCE AND MANDATED DISCOVERY REQUIREMENTS PRESENTLY SCHEDULED, PURSUANT TO THE ORDER SCHEDULING HEARING AND PREHEARING CONFERENCE JUDGE RALPH E. ERIKSSON, by and through the undersigned attorneys, files this Motion to Continue the Final Hearing Prehearing Conference and Mandated Discovery Requirements Presently Scheduled, Pursuant to the Order Scheduling Hearing and Prehearing Conference in the above-styled case, and in support would state as follows: 1. On Thursday, September 11, 2008, the undersigned attorney received the Order Scheduling Hearing and Prehearing Conference, scheduling this matter for final hearing on Monday, November 3, 2008. 2. Included within the Order was a schedule of matters mandated to be completed as follows: A. At least seven (7) days prior to the prehearing conference scheduled for October 1, 2008, the Chair and all other counsel shall be provided with a prehearing statement containing schedules of all of the witnesses to be
called, and all of the exhibits to be introduced. The subject matter of the testimony of each witness shall be stated in the schedule. B. Prior to the prehearing conference, all depositions and discovery shall be completed. C. At least seven (7) days prior to the prehearing conference, any undisposed of motions shall be delivered to the Chair and opposing counsel. D. Counsel shall exchange all exhibits prior to the prehearing conference. 3. On Wednesday, September 10, 2008, the day prior to receiving the Order Scheduling Hearing and Prehearing Conference, the undersigned received the Response to Demand for Discovery that was filed by Michael L. Schneider, General Counsel for the Judicial Qualifications Commission. 4. In Mr. Schneider s Response to Demand for Discovery, he listed eight (8) witnesses, three (3) of whom are out of the Central Florida area, including Kathryn Lovasz, Lady Lake, Florida, Jeffrey S. Weiner, Esq., Miami, Florida and Christopher D. Wagner, Bradenton, Florida. 5. Immediately upon receiving the Order Scheduling Hearing and Prehearing Conference, the undersigned reached Mr. Schneider, by a long-distance telephone call and advised him that the undersigned attorney is scheduled for a time certain on the retrial of a federal anti-trust conspiracy trial in the United States 2
District Court, Middle District of Florida, to-wit: U.S.A. v. Luis Candelario and Thomas Vander Luitgaren, Case Number 6:07-CR-211-ORL-22-DAB, on Monday, September 15, 2008. 6. Additionally, in a telephone conference on Thursday, September 11, 2008, with Mr. Schneider, he told the undersigned attorney that he may provide the name of an additional witness who will testify as an expert regarding the injunction process. That name has not been provided as of the time that this motion is being filed. 7. The U.S.A. v. Luis Candelario and Thomas Vander Luitgaren case is a retrial. The first trial was held from Monday, June 16, 2008, through Tuesday, July 1, 2008, with the jury being deadlocked on Tuesday, July 1, 2008. The original trial lasted eleven (11) days. 8. It is reasonable to believe, and the undersigned attorney anticipates, that the second trial which begins on Monday, September 15, 2008, will last the same length of time as the first trial, or eleven (11) days. The Federal District Judge is not trying the case on Friday, September 19, 2008, or on Friday, September 26, 2008. With the trial anticipated to last eleven (11) days, a reasonable anticipation is that the second trial would not end until Wednesday, October 1, 2008 (the day of the prehearing conference in the above-styled case), and conceivably past October 1, 2008. 3
9. At the time that the undersigned attorney participated in the telephonic scheduling conference with The Honorable Thomas B. Freeman, John Beranek, Esq., and Michael L. Schneider, Esq., on Monday, August 18, 2008, the Candelario trial was scheduled for the trial term beginning September 2, 2008. Subsequent to the telephonic scheduling conference in this matter on Monday, August 18, 2008, the Honorable Anne C. Conway, Chief Judge, Federal District Court, Middle District of Florida, scheduled the retrial in Candelario for a time certain beginning Monday, September 15, 2008. The Judge set the trial for a time certain at the scheduling conference at 9:00 A.M., Wednesday, August 27, 2008. 10. Based upon the matters discussed herein, Michael L. Schneider, counsel for the Judicial Qualifications Commission, has no objection to this matter being rescheduled, preferably in December, 2008, or, if necessary, beyond. 11. Due to the discovery deadlines, coupled with the coinciding scheduling conflict in Candelario, it is not possible for the undersigned attorney to meet the mandates of the Order Scheduling Hearing and Prehearing Conference. Therefore, it is respectfully requested that the above-styled matter be rescheduled for a period of at least thirty (30) days after November 3, 2008. 12. This motion is being filed in good faith and not for the purposes of unnecessary delay. 4
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail delivery this 12 th day of September, 2008 to: Judge Thomas E. Freeman, Chairman, Hearing Panel, Florida Judicial Qualifications Commission, 1110 Thomasville Road, Tallahassee, Florida 32303, Michael L. Schneider, Esq., General Counsel, Florida Judicial Qualifications Commission, 1110 Thomasville Rd., Tallahassee, Florida 32303-6224, John Beranek, Esq., as Counsel to the Hearing Panel, Florida Judicial Qualifications Commission, 1110 Thomasville, Road, Tallahassee, Florida 32303. CHANDLER R. MULLER, of LAW OFFICES OF MULLER & SOMMERVILLE, P.A. 1150 Louisiana Ave., Suite 2 Post Office Box 2128 Winter Park, Florida 32790-2128 Telephone Number (407)647-8200 Facsimile Number (407)645-3000 Florida Bar Number 112381 cmuller@cmullerlaw.com Attorneys for JUDGE RALPH E. ERIKSSON 5