DEFENSE RESPONSE TO NOTICE OF COMPLIANCE OF SERVICE VIA FAX

IN THE SUPREME COURT OF
NO. SC06-2391

IAN DECO LIGHTBOURNE,
Petitioner,

v.

BILL McCOLLUM, ET AL. ,
Respondents.

/

RESPONSE TO NOTICE OF COMPLIANCE OF SERVICE VIA FAX

COMES NOW, IAN DECO LIGHTBOURNE, Petitioner, by and through
undersigned counsel and responds to the Respondents notice
regarding compliance with service via fax. Mr. Ligthbourne
states:

1. On August 9, 2007, Petitioner filed a Motion to Vacate
the Scheduling Order Based On Good Cause showing good cause as
to why additional time is required to conclude the proceedings
and for the trial court to enter a final order.
2. On August 10, 2007, Petitioner discovered on this
Court's online docket that the Respondent had filed a Response
to Petitioner's motion. At the time of filing this Motion for
Opportunity to be Heard, Mr. Lightbourne had yet to receive a
service copy via facsimile as certified by Respondents.
3. On August 13; 2007, Mr. Lightbourne discovered on this
Court's online docket that the Respondent had filed a Notice of
Compliance of Service Via Fax and Petition for Review of Non-

Final Order and Motion for Protective Order, neither of which
were received via facsimile by undersigned counsel. 1

4. The Respondents Notice of Compliance indicates that
pleadings to this Court have been sent via facsimile to
undersigned counsel at 813-740-3554. This is not undersigned
counsel's fax number, but rather appears to be the fax number
for CCRC-Middle office. CCRC-Middle did not forward any
pleadings to undersigned counsel.

5. On August 13, 2007, undersigned counsel contacted
Assistant Attorney General, Carolyn Snurkowskifs office.
Undersigned counsel spoke to Ms. Snurkowski's secretary, Karen
Shephard, and informed her that the correct fax number is 954-

713-1299. All further pleadings should be directed to this fax
number.
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the

foregoing has been furnished by U.S. Mail and facsimile to

Carolyn Snurkowski, Assistant Attorney General, Office of the

Attorney General, The Capitol, Tallahasse, Florida, 32399-1050,

Kenneth S. Nunnelley, Assistant Attorney General, 444 Seabreeze

However, on August 13, 2007, undersigned counsel upon review of
her email, did receive the Petition for Review of Non-Final
Order and Motion for Protective Order from this Court. This
email was received at 5:27 p.m. on August 10, 2007, but
undersigned counsel had already left the office.

Blvd., 5th Floor, Daytona Beach, EL 32118; Rock E. Hooker,

Assistant State Attorney, 19 NW Pine Avenue, Ocala, FL 34475;

Maximillian J. Changus, Assistant General Counsel, Florida

Department of Corrections, 2601 Blair Stone Road, Tallahassee,

FL 32399; and the Honorable Carven D. Angel, Circuit Court

Judge, Marion County Judicial Center, 110 NW First Avenue,

Ocala, FL 34475 on this /3$ay of August, 2007.

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Florida Bar No. 0150177

ANNA-LIISA NIXON
Staff Attorney
Florida Bar No. 0026283

OFFICE OF THE CAPITAL
COLLATERAL REGIONAL COUNSEL
101 N.E. 3rd Ave., Suite 400
Ft. Lauderdale, FL 33301

(954) 713-1284

COUNSEL FOR MR. LIGHTBOURNE

August 13,2007
VIA FEDERAL EXPRESS
Tangy Hardy, Docket Clerk:
Clerk of the Florida Supreme Court
500 South Duval Street
Tallahassee, FL 32399-1 927
: Ian Deco Lightbourne v. Bill McCollum, et al.,
Case Number: SCO6-2391

Dear Ms. Hardy:
Enclosed for immediate filing in connection with the above-captioned case are:
1. The original and seven (7) copies of the Response to Notice of Compliance of
Service Via Fax;
2. Copies of the first and last pages of the Response to Notice of Compliance of
Service Via Fafor date stamping and return to CCRC -South; and
3. A self-addressed, stamped envelope, for return to CCRC -South.
A copy of Petitioner's Emergency Motion to Vacate the Scheduling Order has been provided to
opposing counsel of record this date by first class mail and facsimile.
Thank you for your assistance in this matter.
Sincerely,

Suzanne Myers Keffer
Assistant CCRC -South

cc: Kenneth S. Nunnelley, Assistant Attorney General
Rock E. Hooker, Assistant State Attorney
Maximillian Changus, Assistant General Counsel, DOC
The Honorable Carven D. Angel, Circuit Court Judge