Free Motion for Order - District Court of Colorado - Colorado

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

Document 129

Filed 03/01/2007

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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, et. al. Defendants.

DEFENDANTS' MOTION TO TAKE PLAINTIFF'S DEPOSITION

Defendants John Hyatt, Robert Fahey, Betty Fulton, Paul Carreras, Connie Davis, Ken Maestas, Joseph Garcia, and David Archuleta (collectively, "Defendants"), by and through their counsel, Andrew D. Ringel, Esq. and Gillian Dale, Esq. of Hall & Evans, L.L.C., pursuant to Fed. R. Civ. P. 30(a)(2), submit this Motion to Take Plaintiff's Deposition, as follows: 1. At a hearing on March 1, 2007, this Court extended the discovery deadline

until March 30, 2007 for purposes of allowing Plaintiff to respond to Defendants' discovery requests, and for purposes of allowing Defendants to take Plaintiff's deposition following receipt of his discovery responses. 2. Plaintiff is incarcerated in the Sterling Correctional Facility in Sterling,

Colorado. Pursuant to Fed. R. Civ. P. 30(a)(2), an Order from this Court is required before the deposition of an individual in custody may be taken.

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

Document 129

Filed 03/01/2007

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3.

Defendants require Plaintiff's deposition to obtain a sworn statement

concerning his allegations against each of the individual Defendants, to assess the potential for a dispositive motion with respect to some or all of his claims, and to prepare for the trial of any remaining claims. Further proceedings in this matter are not possible until the Plaintiff's deposition is accomplished. Defendants must take Plaintiff's deposition by March 30, 2007. 4. Pursuant to D.C.COLO.LCivR 7.1(A), the undersigned counsel wrote to

Plaintiff to request his input regarding the timing of the deposition. Plaintiff responded via letter, requesting that the deposition be scheduled around meal and count times, and requesting advance notice pursuant to the rules. Defendants will consult with the Sterling Correctional Facility prior to scheduling Plaintiff's deposition to avoid any interference with meal or count times, and will issue a Notice of Deposition as soon as the deposition is scheduled. WHEREFORE, Defendants John Hyatt, Robert Fahey, Betty Fulton, Paul Carreras, Connie Davis, Ken Maestas, Joseph Garcia, and David Archuleta respectfully request an order permitting them to take Plaintiff's deposition at the Sterling Correctional Facility pursuant to Fed. R. Civ. P. 30(a)(2).

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

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Dated this 1st day of March, 2007. Respectfully submitted,

s/ Gillian Dale Andrew D. Ringel, Esq. Gillian Dale, Esq. Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, CO 80202-2052 [email protected] [email protected] 303-628-3300 phone 303-628-3368 fax ATTORNEYS FOR DEFENDANTS JOHN HYATT, ROBERT FAHEY, BETTY FULTON, PAUL CARRERAS, CONNIE DAVIS, KEN MAESTAS, JOSEPH GARCIA, AND DAVID ARCHULETA

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

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Filed 03/01/2007

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CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 1st day of March, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: None and hereby certify that I have mailed or served the document or paper to the following non-CM/ECF participant in the manner (mail, hand delivery, etc.) indicated by the non-participant's name: Leonard Baldauf, #98415 Sterling Correctional Facility P.O. Box 6000 Sterling, Colorado 80751-6000

s/ Denise Gutierrez, Secretary Andrew D. Ringel, Esq. Gillian Dale, Esq. Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, Colorado 80202-2052 Phone: 303-628-3300 Fax: 303-293-3238 [email protected] [email protected] ATTORNEYS FOR DEFENDANTS

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