Free Response - District Court of Colorado - Colorado

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

Document 140

Filed 06/26/2006

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, and JENELLE BORDEN, in their individual capacities, Defendants. ______________________________________________________________________________ RESPONSE TO PLAINTIFF'S NOTICE OF ATTORNEY MISCONDUCT ______________________________________________________________________________ Defendants James A. Montoya and Jenelle Borden, by and through their counsel, Awilda R. Marquez, Esq., and Hall & Evans, L.L.C., in response to Plaintiff's Notice of Attorney Misconduct, state as follows: On June 20, 2006, Plaintiff filed a "Notice of Attorney Misconduct" alleging discovery "violations." Treating the Notice as a motion asserted pursuant to Fed. R. Civ. P. 26, Defendants note that the deposition of which Plaintiff complains was scheduled for June 12, 2006, and was cancelled because Plaintiff alleged he had received no notice thereof. The deposition was rescheduled to June 20, 2006, but was also cancelled because Plaintiff advised he had no intention to answer any questions relating to the facts underlying his claims. No discovery by Defendants is currently pending or planned until the Court's resolution of Plaintiff's Motion for Protective Order. As a result, there is no basis upon which any remedy or relief can or should be granted to Plaintiff with regard to the "Notice of Attorney Misconduct."

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

Document 140

Filed 06/26/2006

Page 2 of 3

Dated this 26th day of June, 2006. Respectfully submitted,

s/ Awilda R. Marquez__________ Awilda R. Marquez, Esquire Hall & Evans, L.L.C. 1125 - 17th Street, Suite 600 Denver, CO 80202 Telephone: 303-628-3367 Fax: 303-628-3368 E-Mail: [email protected] ATTORNEYS FOR DEFENDANTS

-2-

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

Document 140

Filed 06/26/2006

Page 3 of 3

CERTIFICATE OF MAILING I HEREBY CERTIFY that on the 26th day of June, 2006, I mailed a true and correct copy of the foregoing DEFENDANTS' RESPONSE TO PLAINTIFF'S NOTICE OF ATTORNEY MISCONDUCT, correctly addressed, postage prepaid, in the U.S. Mail to the following: Patrick M. Hawkinson, # 62702 Arkansas Valley Correctional Facility PO Box 1000 Crowley, CO 81034 s/Leslie Grauberger, Legal Secretary______ Awilda R. Marquez Hall & Evans, L.L.C. 1125 - 17th Street, Suite 600 Denver, CO 80202 Telephone: 303-628-3367 Fax: 303-628-3368 E-Mail: [email protected] Attorneys for Defendants

-3-