Lacy H. Thornburg, United States District Court Judge
THIS MATTER is before the Court on the report of the Defendants in compliance with the undersigneds Order of August 4, 2000. The Plaintiffs have failed to comply with that Order.
Defense counsel advises that an attorney, Bill Wagner of Wagner, Vaughan, McLaughlin, has been retained by the Plaintiffs to assist them during their depositions. The Defendants are willing to travel to Tampa, Florida, in order to depose the Plaintiffs; however, Mrs. Shalford has advised that her husband in hospitalized and could not provide any information as to when he might be released.
The undersigned has previously warned the Plaintiffs that failure to comply with the August 4, 2000, Order could result in the dismissal of their complaint. In view of the fact that Plaintiffs now have counsel, albeit in a limited capacity, the undersigned will require him to advise the Court and Defendants of a date certain when depositions may be conducted.
IT IS, THEREFORE, ORDERED that on or before fifteen days from entry of this Order the Plaintiffs attorney, Bill Wagner of Wagner, Vaughan, McLaughlin, shall advise the Court and the Defendants in writing of a date certain within the next thirty days for the depositions of the Plaintiffs or, in the alternative, shall provide an affidavit from a treating physician advising of the Mr. Shalford's physical or mental condition rendering him unavailable for depositions and providing a prognosis for recovery.