Free Motion for Leave - District Court of Colorado - Colorado

Case 1:04-cv-01271-EWN-BNB

Document 300

Filed 04/12/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1271-EWN-BNB

PATRICK M. HAWKINSON, Plaintiff, v. JAMES A. MONTOYA, in his individual and official capacities, R. LYNN KEENER, ROBERT SCRANTON, and ESTATE OF OPAL WILSON, Defendants. ______________________________________________________________________________ DEFENDANT JAMES A. MONTOYA'S MOTION FOR LEAVE TO DEPOSE PLAINTIFF ______________________________________________________________________________ Defendant James A. Montoya by and through his counsel, Hall & Evans, L.L.C., hereby moves the Court for leave to depose Plaintiff, and in support thereof, states as follows: Plaintiff is incarcerated at the Sterling Correctional Facility, and under Fed. R. Civ. P. 30(a)(2), leave from the Court is required in order to depose him. Upon the Court's denial of Defendant Montoya's Motion to Dismiss Plaintiff's First Amended and Supplemented Prisoner Complaint, a stay of pretrial proceedings automatically lifted. Defendant Montoya sought leave to depose Plaintiff, but the Motion was denied was moot because the Court denied Plaintiff's Motion for Summary Judgment. Upon reconsideration, the Court on April 11, 2007, granted Defendant Montoya leave to request an Order for the deposition of Plaintiff. The Court also required that Plaintiff be given at least five (5) days' notice in accordance with Plaintiff's Notice of Discovery Status With Requests to Close Most Discovery Proceedings.

Case 1:04-cv-01271-EWN-BNB

Document 300

Filed 04/12/2007

Page 2 of 3

Defendant Montoya proposes to depose Plaintiff, who has not been previously deposed in this case, at the Sterling Correctional Facility, and discussions are currently underway with the Facility with regard to a convenient date for the deposition, which will provide Plaintiff at least five (5) days notice. For the foregoing reasons, Defendant Montoya requests the Court to grant him leave to depose Plaintiff. Dated this 12th day of April, 2007. Respectfully submitted,

s/ Awilda R. Marquez Awilda R. Marquez #33063 of Hall & Evans, LLC 1125 - 17th Street, Suite 600 Denver, CO 80202 Telephone: 303-628-3367 Fax: 303-628-3368 E-Mail: [email protected] ATTORNEYS FOR DEFENDANT JAMES A. MONTOYA

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Case 1:04-cv-01271-EWN-BNB

Document 300

Filed 04/12/2007

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 12th day of April, 2007, I mailed a true and correct copy of the foregoing DEFENDANT JAMES A. MONTOYA'S MOTION FOR LEAVE TO DEPOSE PLAINTIFF, with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Robert J.M. Scranton, Esq. 231 East Vermijo Avenue Colorado Springs, CO 80903 E-mail: [email protected] And I hereby certify that on this 12th day of April, 2007, I have mailed or served the foregoing document to the following non-CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Patrick M. Hawkinson, #62702 (via U.S. Mail, postage prepaid) Sterling Correctional Facility P.O. Box 1000 Sterling, CO 80751 Case Manager for Patrick Hawkinson (via U.S. Mail, postage prepaid) #62702 Sterling Correctional Facility P.O. Box 6000 - SCF Sterling, CO 80751

s/ Leslie Grauberger, Secretary Awilda R. Marquez, Esq. Hall & Evans, LLC 1125 - 17th Street, Suite 600 Denver, CO 80202 Telephone: 303-628-3367 Fax: 303-628-3368 E-Mail: [email protected] Attorneys for Defendant James A. Montoya

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