Free Motion for Leave - District Court of Colorado - Colorado

Case 1:03-cv-02328-RPM-CBS

Document 44

Filed 08/09/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2328-RPM-OES GREG JOSEPH GONZALES, by and through his next friend, JUNE BRAVO, Plaintiff, v. OFFICER BRETT C. TITUS, in his official and personal capacity, and CITY AND COUNTY OF DENVER, a municipality, Defendants. UNOPPOSED MOTION FOR LEAVE TO DEPOSE WITNESS JEFFREY PACHECODOMINGUEZ PURSUANT TO FED.R.CIV.P. 30(a)(2) DEFENDANT City And County Of Denver, by and through its attorneys, the Denver City Attorney's Office, Thomas Bigler, Assistant City Attorney, and pursuant to Fed.R.Civ.P. 30(a)(2), submits Defendants' Unopposed Motion for Leave to Depose Witness Jeffrey Pacheco-Dominguez, as follows: 1. Counsel for Defendant certifies pursuant to D.C.COLO.LCivR 7.1 that he conferred with Plaintiff's counsel and co-defense counsel for Defendant Brett C. Titus. Plaintiff's counsel and co-defense counsel for Defendant Brett C. Titus do not object to the relief requested hereby. 2. Defendants desire to take the deposition of Jeffrey Pacheco-Dominguez in this case. Upon information and belief, Mr. Pacheco-Dominguez was with Plaintiff at all times

Case 1:03-cv-02328-RPM-CBS

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Filed 08/09/2005

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pertinent to the allegations contained in Plaintiff's Amended Complaint and possesses information which is relevant to the claims and defenses in this case. 3. Defendants have determined that Mr. Pacheco-Dominguez is currently in the custody of the Colorado Department of Corrections as a convicted prisoner incarcerated at the Denver Reception Diagnostic Center ("DRDC"), 10900 Smith Road, Denver, Colorado 80239. Mr. Pacheco-Dominguez will be at the DRCC temporarily while being evaluated for placement in the prison system. Pursuant to Fed.R.Civ.P. 30(a)(2), leave of Court must be obtained if the person to be examined during a deposition is confined in prison. 4. Upon information and belief, Mr. Pacheco-Dominguez is serving a two-year sentence in the Colorado Department of Corrections and will not be released from confinement until after the close of discovery in this case and, in all likelihood, after the trial in this case. 5. Corrections officials at the DRDC have informed Denver's counsel that the Mr. Pacheco-Dominguez' deposition can take place at the DRDC on August 26, 2005, commencing at 9:00 a.m. Counsel for all the parties are available for the deposition at that date and time. 6. Defendants will be significantly prejudiced in this case if they are not permitted to take the deposition of Mr. Pacheco-Dominguez.

WHEREFORE, Defendants respectfully request that the Court enter an Order authorizing Defendants to take the deposition of Jeffrey Pacheco-Dominguez at the State of Colorado Denver Reception Diagnostic Center, 10900 Smith Road, Denver, Colorado 80239 on August 26, 2005, commencing at 9:00 a.m. or such other Colorado

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Case 1:03-cv-02328-RPM-CBS

Document 44

Filed 08/09/2005

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Department of Corrections prison facility at which said Jeffrey Pacheco-Dominguez may be incarcerated, and for such other relief as the Court deems appropriate. Dated this 9th day of August, 2005. Respectfully submitted: DENVER CITY ATTORNEY'S OFFICE s/ Thomas Bigler Denver City Attorney's Office Litigation Section 201 West Colfax Ave., Dept. No. 1108 Denver, Colorado 80202 Telephone: (720) 913-3100 Facsimile: (720) 913-3182 E-mail: [email protected] Attorney for Defendants
CERTIFICATE OF SERVICE

I hereby certify that on this 9th 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: [email protected] [email protected] [email protected] s/ Raquel R. Trujillo Legal Secretary Denver City Attorney's Office Litigation Section 201 W. Colfax Ave., Dept. No. 1108 Denver, Colorado 80202 Telephone: (720) 913-3100 Facsimile: (720) 913-3182 E-mail: [email protected] 3