UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE

CIVIL ACTION NO. 3:OO-CV-195-S

FOUNDATION FOR “A COURSE IN MIRACLES”, INC., et a!.	PLAINTIFFS

MOTION FOR POSTPONEMENT OF
v.	TRIAL DATE AND RESCHEDULING OF MATTERS

COURSE IN MIRACLES SOCIETY	DEFENDANT

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Defendant, by counsel, respectfully moves the Court to set aside its April 19, 2000 order in the captioned action and remand this action from the Court’s hearing docket of July 18, 2000. This motion includes a motion that pre-hearing briefs not be required at this time, pending rescheduling and reassignment of applicable dates in this action.

The undersigned, new counsel for defendant, represents to the Court that we have recently been retained to represent the defendant in the captioned action. I also represent that, before we agreed to represent the defendant, we began a preliminaty search of some of the voluminous materials relevant to the issues between the plaintiffs and the defendant. Our review, which we have undertaken of the parts of the materials we have, demonstrates to us very clearly that, in fairness to all parties, it is unrealistic for the hearing to take place on July 18, 2000 at 9:30 a.m., as presently scheduled.

The undersigned counsel for defendant has conferred with counsel for plaintiffs and informed them of our belief that considerable discovery will be required before the matter can be properly presented to the Court for decision at a hearing on a motion for preliminary injunction or, indeed, a permanent injunction. Counsel for the plaintiffs have authorized me to inform the Court that they
have no objection to the postponement of the hearing date and have agreed with the undersigned that a meeting, as provided for in Fed.R.Civ.P. 26(f) will be held as soon as practicable among counsel for the parties for the purposes set out in that rule and that a proposed discovery plan will be submitted to the Court as required by that rule.

The undersigned counsel for defendant also represents to the Court that the defendant has agreed that the existing temporary restraining order of April 7, 2000 be continued in effect.

An order granting the relief sought by this motion is tendered to the Court herewith. Respectfully submitted,

John T. Ballantine
Douglas C. Ballantine
J.	Gregory Comett
OGDEN NEWELL & WELCH PLLC
1700 Citizens Plaza
500 W. Jefferson Street
Louisville, KY 40202
(502) 582-1601
Counsel for Defendant

and

Dermis L. Thomte
ZARLEY, McKEE, THOMTE,
VOORHEES & SEASE
1111 Commercial Federal Tower
2120 South 72nd Street
Omaha, NE 68124