Free Motion for Leave - District Court of Colorado - Colorado

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

Document 268

Filed 03/02/2007

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. Plaintiff filed a Verified Motion for Summary Judgment re Defendant James A. Montoya ("Motion for Summary Judgment") on August 14, 2006. Briefing on that Motion was stayed by the Court pending a decision on Defendant Montoya's Motion to Dismiss. On February 5, 2007, Magistrate Judge Boland recommended that Defendant Montoya's Motion to Dismiss be denied in part and granted in part. Plaintiff and Defendant Montoya have filed objections to the Recommendation. The Court also ordered a response to Plaintiff's Motion for Summary

Judgment by February 26, 2007, which date was extended by the Court to April 26, 2007.

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

Document 268

Filed 03/02/2007

Page 2 of 3

In order to respond to Plaintiff's Motion for Summary Judgment, Defendant Montoya wishes to depose the Plaintiff. Plaintiff has not been previously deposed in this case. The deposition would be conducted at Sterling Correctional Facility as soon as possible. For the foregoing reasons, Defendant Montoya requests the Court to grant him leave to depose Plaintiff. Dated this 2nd day of March, 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 268

Filed 03/02/2007

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 2nd day of March, 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 2nd day of March, 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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