Free Motion to Quash - District Court of Federal Claims - federal

Case 1:05-cv-01058-FMA

Document 19

Filed 08/18/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HAL D. HICKS, f/d/b/a HAL D. HICKS MAIL TRANSPORTATION, PLAINTIFF, v. THE UNITED STATES POSTAL SERVICE, DEFENDANT. ) ) ) ) ) ) No. 05-1058C ) ) ) ) )

MOTION TO QUASH DISCOVERY DEPOSITIONS COMES NOW Plaintiff, by and through his undersigned counsel, and for his Motion to Quash Defendant's Notice to Take Deposition of Hal D. Hicks, state as follows: 1. On August 11, 2006, the undersigned counsel received Defendant's Notice

to Take Deposition of Hal Hicks from defendant's counsel. 2. Defendant's counsel made no attempt to coordinate mutually convenient

dates or times with counsel or the party involved for the subject deposition. 3. The undersigned counsel and Mr. Hicks are unavailable on August 22,

2006, which is the date the defendant has scheduled Mr. Hicks' deposition. 4. In fact, Mr. Hicks is scheduled to be deposed in a Volusia County, Florida

matter on August 22, 2006, which has been scheduled for some time pursuant to a Volusia County, Florida court Order. WHEREFORE, Plaintiff respectfully requests that this court quash Defendant's Notice to Take Deposition of Hal Hicks set for Augus+t 22, 2006, and that this court

Case 1:05-cv-01058-FMA

Document 19

Filed 08/18/2006

Page 2 of 2

order counsel to reschedule said deposition to a mutually convenient date for all parties and counsel. THEIL LAW FIRM, L.L.C.

By:

_/s/John F. Theil__________ John F. Theil, #109820 120 S. Central, Suite 1550 St. Louis, MO 63105 314-725-1725 314-725-5754 (Fax) [email protected] Attorney for Plaintiff

Certificate of Service The undersigned certifies that a copy of the foregoing was electronically filed this 18th day of August, 2006, and served on the following counsel of record via electronic filing: Richard P. Schroeder, Trial Attorney Peter D. Keisler, Asst. Attorney General David M. Cohen, Director Mark A. Melnick, Asst. Director U. S. Department of Justice Civil Division ­ Commercial Lit. Branch 1100 L. Street, NW 8th Floor Washington, DC 20530 202-616-8253 202-307-0972 fax [email protected] Attorneys for Defendant

_/s/John F. Theil______________________

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