United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 2, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _____________________ No. 06-60852 Summary Calendar _____________________

SCHWARZ K. SCOTT, Plaintiff-Appellant, versus BAE SYSTEMS R O DEFENSE, INC., Defendant-Appellee.

__________________________________________________ Appeal from the United States District Court for the Southern District of Mississippi, Hattiesburg USDC No. 2:05-CV-2035 __________________________________________________ Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.

PER CURIAM:* Assuming appellate jurisdiction, there is no abuse of discretion shown by appellant. There was a scheduled conference known by counsel prior to Hurricane * Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Katrina and no inquiry was made until four months after counsel had reopened her office in January.

AFFIRMED.