UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

OFFICE OF THE CLERK

POST OFFICE BOX 711

MONTGOMERY, ALABAMA 36101-0711

DEBRA P. HACKETT, CLERK

TELEPHONE (334) 954-3600

November 28, 2007

SECOND NOTICE OF DEFICIENCY

 REGARDING

CONFLICT STATEMENT

To: Tracey Martin

From: Clerk’s Office

Case Style: Fluker et al v. U.S. Foodservice, Inc. et al

Case Number: 2:06-cv-00785-MHT

Notice was previously sent to you advising that pursuant to the Federal Rules of Civil

Procedure 7.1, and this Court’s General Order Miscellaneous Case No. 00-3047 parties are

required to file their Corporate/Conflict Disclosure Statement at their initial appearance. 

No corporate/conflict disclosure statement has been filed by you in this action.

You have FAILED to comply with the previous notice from this office. You are required to

correct this deficiency immediately. Unless you comply with this Court’s General Order 

No. 00-3047 within 10 calendar days of the date of this notice, your continued disregard of this

Court’s orders will be brought to the attention of the presiding judge for further action which

may include sanctions or other action the Court deems appropriate.

Please refer to attachment. 

cc: Judge Myron H. Thompson

Case 2:06-cv-00785-MHT-WC Document 50 Filed 11/28/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

Civil Misc. No 00-3047

ORDER

CONFLICT DISCLOSURE STATEMENT

In compliance with Fed. R. App. P. 26.1, Fed. R. Bankr. P. 1007(a)(1) and 7007.1, Fed R.

Civ. P. 7.1, and Fed. R. Crim. P. 12.4, and other considerations which require judges to avoid

conflicts of interest with unnamed corporations, partnerships, limited liability entities, joint ventures,

trust entities, and other entities which may be related to parties to actions in this court, it is 

ORDERED that this court’s order (Civ. Misc. No. 00-3047) (Doc. # 2) entered February 16,

2007, is hereby VACATED. It is further ORDERED as follows:

1. All parties (including individuals and governmental entities) shall file a statement

identifying all parent companies, subsidiaries, partners, limited liability entity members and

managers, trustees (but not trust beneficiaries), affiliates, or similar entities that could potentially

pose a financial or professional conflict for a judge. The statement shall be filed with a party’s first

appearance. If there are no reportable relationships, that fact shall be certified in the filing. 

2. In addition to this requirement which applies to all cases, all bankruptcy appeals shall be

accompanied by a statement identifying the debtor, the members of creditors’ committee, any entity

which is an active participant in the proceedings, and other entities whose stock or equity value may

be substantially affected by the outcome of the proceedings.

3. It is the responsibility of each party to a case to file a supplemental disclosure statement

if, during the pendency of the case, additional reportable entities develop that would have been

reportable initially.

Case 2:06-cv-00785-MHT-WC Document 50-2 Filed 11/28/2007 Page 1 of 3
4. This rule shall become effective on the date of filing, and shall apply to all cases pending

in this court after that date.

DONE this 12 day of June, 2007 th

/s/ Mark E. Fuller 

CHIEF UNITED STATES DISTRICT JUDGE

/s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE

/s/ W. Keith Watkins 

UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00785-MHT-WC Document 50-2 Filed 11/28/2007 Page 2 of 3
**SAMPLE NOTICE FORMAT**

Note: When E-Filing this pleading, please enter a separate docket entry. The event entry is located on

 CM/ECF by clicking: CIVIL > OTHER DOCUMENTS > CORPORATE DISCLOSURE STATEMENT

A screen-fillable Adobe Acrobat PDF form, which can be saved and E-Filed, is available on-line; it is

available at http://www.almd.uscourts.gov/docs/CONFLICT_DISCLOSURE_STATEMENT_FILLABLE.pdf

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

________________________ DIVISION

_________________________________, )

)

Plaintiff, )

)

v. ) CASE NO. __________________

)

_________________________________, )

)

Defendants, )

CONFLICT DISCLOSURE STATEMENT

COMES NOW ___________________, a [Plaintiff/Defendant] in the above-captioned

matter, and in accordance with the order of this Court, making the following disclosure

concerning parent companies, subsidiaries, partners, limited liability entity members and

managers, trustees (but not trust beneficiaries), affiliates, or similar entities reportable under

the provisions of the Middle District of Alabama’s General Order No. 3047:

This party is an individual, or

This party is a governmental entity, or

There are no entities to be reported, or

The following entities and their relationship to the party are hereby reported:

Reportable Entity Relationship to Party

________________________________ _________________________________

________________________________ _________________________________

________________________________ _________________________________

________________________________ _________________________________

 Signature 

 Date Counsel

 

Counsel for (print names of all parties)

Address, City, State Zip Code

Telephone Number

Also requires a certificate of Service

Case 2:06-cv-00785-MHT-WC Document 50-2 Filed 11/28/2007 Page 3 of 3