Free Response to Motion - District Court of Colorado - Colorado

Case 1:01-cv-00384-JLK-CBS

Document 83

Filed 08/22/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-0384-JLK-CBS STEVEN H. GLAESER, Plaintiff, v. ACADEMY SCHOOL DISTRICT 20, KATHLEEN CRUME, HEIDI V. PACE, SIERRA MARCELLA PETERS, CAROL PETERS, JEFF PETERS, and JANE DOES 1-10 and JOHN DOES 1-5, Defendants.

DEFENDANTS SIERRA, CAROL & JEFF PETERS RESPONSE TO PLAINTIFF'S MOTION TO RE-OPEN DISCOVERY

Defendants, Sierra Marcella Peters, Carol Peters & Jeff Peters, by and through their attorneys, CROSS & BENNETT, L.L.C., file the following Response to Plaintiff's Motion to Re-Open Discovery: 1. In his Motion to Re-Open Discovery, plaintiff claims that counsel for the Peters "raised a new issue" during his deposition. The alleged "new issue" is defendant Sierra Peters' "background." On page 107 of Mr. Glaeser's deposition, counsel asked Mr. Glaeser "[w]hat was your sense of ­ you had her in your class for the whole school year? What was your sense of her background? Did you have any idea what her backgrounds was?" Mr. Glaeser answered "no." Counsel then asked, "[d]o you know if ­ for instance, was she a good student?" Mr. Glaeser answered "yes." He was then asked if, other than perhaps not paying attention sometimes in class, if he knew if she was "some kind of rowdy kid or a troublemaker?" He answered "no." He was then asked if, up until the time of

Case 1:01-cv-00384-JLK-CBS

Document 83

Filed 08/22/2005

Page 2 of 3

these allegations, she was an honest person, and he replied that "she had some assignments that were not completed with her usual attention and attempted to make excuses about those," but admitted that this was "not unusual" behavior for a 14 year old kid. 2. Based on this series of questions, plaintiff claims that Sierra Peters has a "background" that warrants the court re-opening discovery. He goes on to imply that, when counsel asked plaintiff what he knew about Sierra's "background," that some mysterious "medical" or "emotional" condition must have been involved. Plaintiff is either delusional or he is simply trying to embarrass or harass the defendants further than he already has through the filing of this lawsuit. There are no "medical" or "emotional" issues involved. As counsel's follow up questions show, all that was being asked is whether the plaintiff had any knowledge of Sierra's study habits and honesty. 3. Plaintiff has had five years to discover Sierra's "background." It is time to move the case towards resolution rather than yet another new beginning. Plaintiff has not established any grounds for re-opening discovery and the motion should be denied. Respectfully submitted this 22nd day ofAugust, 2005 CROSS & BENNETT, L.L.C.

s/Joseph F. Bennett Joseph F. Bennett Keith F. Cross 108 E. St. Vrain St., Suite 20 Colorado Springs, CO 80903 Phone: 719.633.1359 Fax: 719.633.5788

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Case 1:01-cv-00384-JLK-CBS

Document 83

Filed 08/22/2005

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on the 22nd day of August, 2005, 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:

Catherine A. Tallerico, Esq. Stephen C. Harkess, Esq. Fowler, Schimberg & Flanagan, P.C. 1640 Grant Street Denver, CO 80203 [email protected] and I hereby certify that I have mailed or served the document or paper to the following non-CM/ECF participant in the manner indicated by the non-participant's name: Steven Glaser P.O. Box 63136 Colorado Springs, CO 80962

s/Kelli Baltzersen

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