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

Case 1:01-cv-01315-REB-CBS

Document 142

Filed 05/04/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-01315-REB-CBS LEONARD BALDAUF, Plaintiff, v. JOHN HYATT, ROBERT FAHEY, BETTY FULTON, PAUL CARRERAS, CONNIE DAVIS, KEN MAESTAS, JOSEPH GARCIA, DAVID ARCHLETA, Defendants. ______________________________________________________________________________ UNOPPOSED MOTION TO ALLOW DEPOSITION OF PLAINTIFF LEONARD BALDAUF PURSUANT TO FED. R. CIV. P. 30(a)(2) With Proposed Order ______________________________________________________________________________ Defendants by and through their attorneys, Andrew D. Ringel, Esq. of Hall & Evans, L.L.C., hereby submit this Unopposed Motion to Allow Deposition of Plaintiff Leonard Baldauf Pursuant to Fed. R. Civ. P. 30(a)(2), and as grounds therefore state as follows: 1. Counsel for the Defendants has scheduled the deposition of Plaintiff Leonard

Baldauf on May 22, 2007, at 10:00 a.m. Plaintiff Leonard Baldauf is currently incarcerated in the Sterling Correctional Facility located in Sterling, Colorado. The Colorado Department of Corrections and officials at the Sterling Correctional Facility are amenable to accommodating the deposition of the Plaintiff at the facility at the designated time and date. Pursuant to Fed. R. Civ.

Case 1:01-cv-01315-REB-CBS

Document 142

Filed 05/04/2007

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P. 30(a)(2), an Order from this Court is required before the deposition of an individual in custody may be taken. Defendants respectfully request this Court enter an Order allowing the deposition of the Plaintiff Leonard Baldauf pursuant to Fed. R. Civ. P. 30(a)(2). 2. A deposition of the Plaintiff Leonard Baldauf is both necessary and appropriate in Defendants require Plaintiff's deposition to obtain a sworn statement

the instant case.

concerning his allegations against each of the individual Defendants. Further proceedings in this matter are not possible until the Plaintiff's deposition has been accomplished. 3. Pursuant to D.C.Colo.L.Civ.R. 7.1(A), the undersigned counsel has conferred

with the office of Dennis W. Hartley, Esq., counsel for the Plaintiff. Mr. Hartley's office has indicated that he does not oppose this motion. WHEREFORE, Defendants respectfully request this Court enter an order pursuant to Fed. R. Civ. P. 30(a)(2) permitting counsel for the Defendants to take Plaintiff Leonard Baldauf's deposition on May 22, 2007, at 10:00 a.m. at the Sterling Correctional Facility, and for all other and further relief as this Court deems just and appropriate. Dated this 4th day of May 2007. Respectfully submitted,

s/ Andrew D. Ringel Andrew D. Ringel, Esq. HALL & EVANS, L.L.C. 1125 17th Street, Suite 600 Denver, CO 80202 303-628-3397 Fax: 303-293-3237 [email protected] ATTORNEYS FOR DEFENDANTS

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Case 1:01-cv-01315-REB-CBS

Document 142

Filed 05/04/2007

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CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 4th day of May 2007, I electronically filed the foregoing UNOPPOSED MOTION TO ALLOW DEPOSITION OF PLAINTIFF LEONARD BALDAUF PURSUANT TO FED. R. CIV. P. 30(a)(2) with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Dennis W. Hartley, Esq. Dennis W. Hartley, P.C. 1749 South 8th Street, Suite 5 Colorado Springs, CO 80906 [email protected]

s/Loree Trout, Secretary to Andrew D. Ringel, Esq. HALL & EVANS, L.L.C. 1125 17th Street, Suite 600 Denver, CO 80202 303-628-3397 Fax: 303-293-3237 [email protected] ATTORNEYS FOR DEFENDANTS
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