PC, the post that I read earlier said the hearing was limited to the Schindlers getting medical records in a timely fashion.
Unless Michael Schiavo is removed as guardian, I don't see any way to keep her alive. She can't wait much longer for another "honorable" court to have its say.
I think it's important to read the entire Court Order, Amended Complaint, etc.
I think there is some confusion on what the hearing is about tomorrow. The AP story is very incomplete. Here is the text of the order issued by the U.S. District court:
United States District Court
Middle District of Florida
Tampa Division
Stamped FILED: 03 AUG 30 PM 12:08
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA, FLORIDA
CASE NO: 8:03-cv-1860-T-26TGW
ROBERT SCHINDLER and
MARY SCHINDLER, as parents and
next friends of Theresa Marie Schindler
Schiavo, an incapacitated ward,
Plaintiffs,
v.
MICHAEL SCHIAVO, individually
and in his capacity as Guardian of the person
of THERESA MARIE SCHINDLER
SCHIAVO, an incapacitated ward; THE
HOSPICE OF THE FLORIDA SUNCOAST,
INC., AND MORTON PLANT HOSPITAL
ASSOCIATION, INC.,
Defendants.
______________________________/
ORDER
_____
Before the Court are the Plaintiffs' Verified Amended Complaint, Motion for
Temporary Restraining Order, Memorandum of Law in Support of Plaintiffs' Application
for Restraining Order, and supporting Affidavits. After due consideration of the
Plaintiffs' submissions, the Court is of the opinion that the Motion for Temporary
Restraining Order should be converted to a Motion for Preliminary Injunction requiring
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notice to the Defendants and that the motion should be scheduled for an expedited
hearing in view of the compelling interests at stake.
Accordingly, it is ordered and adjudged as follows:
1) The Plaintiffs shall serve the Verified Amended Complaint, the Motion for
Restraining Order, the Memorandum in Support of Plantiffs' Application for Restraining
Order, supporting Affidavits, and a copy of this order on each of the Defendants on or
before 9:00 a.m., Monday, September 1, 2003.
2) The Defendants, if served, shall file a response to the converted Motion for
Preliminary Injunction on or before 10:00 a.m., Tuesday, September 2, 2003, with a
courtesy copy being delivered contemporaneously to this Court's chambers.
3) The Court will conduct a hearing on the converted Motion for Preliminary
Injunction on Tuesday, September 2, 2003, at 2:00 p.m., in Courtroom 15B, United States
Courthouse, 801 North Florida Avenue, Tampa, Florida.
4) The Court defers ruling on the converted Motion for Preliminary Injunction
until the time of the hearing.
5) The parties shall be prepared to address the jurisdiction of this Court in terms of
the doctrine of state action, the doctrine of Rooker-Feldman.1 and whether the various
________
1 See District of Columbia Court of Appeals v. Feldman, 103 S. Ct. 1303 (1983);
Rooker v. Fidelity Trust Co., 4 S. Ct. 149 (1923).
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federal statutes relied on by the Plaintiffs apply in light of the allegations of the
complaint.
DONE AND ORDERED at Tampa, Florida, on August 30, 2003.
<signed>
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:
Counsel of Record
Notary stamp? -> <signed Denise L Vought>
--------
STATE OF FLORIDA
COUNTY OF PINELLAS
All of the documents filed on August 30th are posted on Terri's website at
http://www.terrisfight.org/fed.html.
I believe the hearing tomorrow will address the temporary restraining order, not just whether or not to release the medical records to Terri's parents, but I confess to be somewhat confused by legalese so I could be wrong.