Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:03-cv-00986-JCH Document 148 Filed 08/26/2005 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
SUSAN E. WOOD, CIVIL ACTION NO.
3:03-CV—986 (JCH)
Plaintiff]
- against -
SEMPRA ENERGY TRADING CORP.,
Defendant.
DEFENDANT’S MOTION FOR ORDER DECLARING ALBERTO VOGEL AS
UNAVAILABLE WITNESS AND MOTION TO CONDUCT DEPOSITION OF
ALBERTO VOGEL
Defendant Sempra Energy Trading Corp. ("Sernpra") hereby requests an Order
declaring Alberto Vogel as an unavailable witness and permission to conduct a his deposition on
Saturday, August 27, 2005 at Paul, Hastings, J anofsky & Walker LLP’s Stamford office at 12:00
p.m., so that Mr. Vogel’s testimony can be introduced into evidence at trial pursuant to F.R.E.
804(b)(l).
Sempra previously identified Mr. Vogel as a witness in the Parties Joint Pre-trial
memorandum. Mr. Vogel was available to testify from July 25 to July 27, 2005. Following the
completion of trial on July 27, 2005, Sempra’s counsel contacted Mr. Vogel and advised him that
trial in this matter had been adjourned until October 24, 2005. Mr. Vogel agreed to make
himself available on that date.
On August 9, 2005, Plaintiff filed her motion for an Order to convene a
scheduling conference seeking to reschedule the October 24, 2005 trial date. On August 16,
2005, the Court granted Plaintiffs motion and the trial was rescheduled for August 30, 2005.
Alberto Vogel has advised counsel for Sempra that he is unavailable to testify on
August 30, 2005. According to Mr. Vogel, he will be on vacation with his family in Hunter,
New York fiom Sunday, August 30th through Thursday, September 1, 2005. Sempra has

Case 3:03-cv-00986-JCH Document 148 Filed 08/26/2005 Page 2 of 3
subpoenaed Mr. Vogel to appear on August 30, 2005. However, Sempra requests that this
accommodation be made for Mr. Vogel in light of the rescheduled trial date and Mr. Vogel’s pre-
existing family vacation plans.
Counsel for Sempra called Plaintiffs counsel on Thursday, August 25, 2005,
immediately upon leaming of this conflict, to seek Plaintiff s consent to this motion. Plaintiffs
counsel indicated she would respond to this request, but has yet to do so.
Sempra respectfully submits that any inconvenience caused by deposing Mr.
Vogel on Saturday, August 27, 2005, will be shared equally by both parties. Further, Plaintiff
was represented at trial by three attorneys, one of whom can surely make themselves available to
partake in this deposition. Finally, there will be no prejudice to Plaintiff, since Mr. Vogel was
scheduled to appear to testify at trial.
DATED: August 26, 2005 Respectfully submitted,
DEFENDANT SEMPRA ENERGY TRADING
CORP.
By: {
Mary . Dollarhide (ct12251)
Raymond W. Bertrand (ct22968)
Paul, Hastings, J anofsky & Walker, LLP
1055 Washington Boulevard
Stamford, CT 06901-2217
Telephone: (203) 961-7400
Facsimile: (203) 359-3031
n1gydollarhide@,pauH1astings.com
[email protected]

Case 3:03-cv-00986-JCH Document 148 Filed 08/26/2005 Page 3 of 3
CERTIFICATE OF SERVICE
This is to certify that on this 26th day of August 2005, a copy of the foregoing was
forwarded via hand deliver to counsel for the Plaintiff at the following address:
Brendan J. O’Rourke, Esq.
O’ROURKE & ASSOCIATES, LLC
27 Pine Street
New Canaan, CT 06840
wééf
Ra ond W. Bertrand
STM/302097.2