Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:03-cv-02633-PSF-PAC

Document 284

Filed 10/18/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02633-PSF-PAC LILLIAN BARTON, Plaintiff, v. OFFICER R. BLEY, Badge No. 99006 OFFICER N. SAGEN, Badge No. 96-021 OFFICER JOHN DOE Defendants, and Civil Action No. 04-cv-00319-PSF-PAC LILLIAN BARTON, Plaintiff, v. RICHARD BLEA NICK SAGAN JOSH VASCONCELLOS Defendants. _____________________________________________________________________________ PLAINTIFF'S MOTION TO SCHEDULE TESTIMONY OF DR. I. STEPHEN DAVIS _____________________________________________________________________________ Plaintiff, LILLIAN BARTON, by her attorney, A. THOMAS ELLIOTT, JR., P.C. moves to schedule the testimony of I. Stephen Davis, M.D. as follows: 1. After the recent continuance of the trial of this matter I. Stephen Davis, M.D. whom Plaintiff has subpoenaed and paid to testify concerning the medical examination of Plaintiff

Case 1:03-cv-02633-PSF-PAC

Document 284

Filed 10/18/2006

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which he performed on behalf of defense counsel, contacted Plaintiff's counsel and informed that he would be out of town on the first trial day of November 15, 2006 but would be returning to Denver International Airport the afternoon of Thursday, November 16, 2006 and could testify at 3:00 p.m. that day if the airline meets its schedule or Friday morning November 17, 2006. 2. Pursuant to D.C.Colo.L.CivR 7.1 undersigned counsel has conferred by e-mail with counsel for Defendants regarding this requested scheduling, and Defendants' counsel has informed that they are essentially neutral on this issue and take no position either way. WHEREFORE, Plaintiff requests that she be permitted to present Dr. Davis' testimony either at 3:00 p.m. on Thursday, November 16, 2006 or the morning of Friday, November 15, 2006. RESPECTFULLY SUBMITTED, A. THOMAS ELLIOTT, JR., P.C.

BY: s/ A. Thomas Elliott, Jr. A. Thomas Elliott, Jr. 1816 Race Street Denver, CO 80206 (303)322-5490 E-mail: [email protected] Attorney for Plaintiff

CERTIFICATE OF SERVICE I hereby certify that on October 18, 2006, an electronic copy of the foregoing Plaintiff's Motion to Schedule the Testimony of Dr. I. Stephen Davis was filed with the Court via CM/ECF system which will send notice to: Brett Anthony McDaniel [email protected] Sonja S. McKenzie [email protected] and copies were also sent via the U.S. Mail, first class postage prepaid, addressed as follows:

Case 1:03-cv-02633-PSF-PAC

Document 284

Filed 10/18/2006

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Lillian Barton 97 Soda Creek Rd. Evergreen, CO 80439 I. Stephen Davis, M.D. 1401 Wewatta Street, #1104 Denver, CO 80202 s/A. Thomas Elliott, Jr. A. Thomas Elliott, Jr.