Free Motion for Ruling - District Court of Colorado - Colorado

Case 1:03-cv-02462-WYD-PAC

Document 67

Filed 11/29/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-02462 WYD-PAC

BOBBY L. PADILLA Plaintiff, v SAN LUIS CENTRAL RAILROAD COMPANY, Defendant.

MOTION TO HAVE OBJECTION/COMMENT OF THE DEFENDANT RULED UPON IN TERMS OF THE PRESERVATION DEPOSITION OF DAVID WONG, MD

DUTY TO CONFER Pursuant to D.C.Colo.LCiv.R. 7.1 A., before filing this

Motion, John A. "Jack" Kintzele, on Monday, November 21, 2005 a call was placed to Evan Lipstein, Esquire's office requesting that he withdraw his objection/comment to the offer into evidence of the curriculum vitae of Doctor Wong that was objected to/commented on in the preservation deposition of David Wong, MD. at pages 7 and 8 attached. Counsel for the

defendant has been heard from, but he is equivocal in his written response attached; therefore it is presumed that he is declining to do so; therefore, plaintiff respectfully prays that the Honorable Trial Judge, or the Honorable Magistrate

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Judge rule on the objection/comment of the defendant so the transcript can be put into usable form for purposes of trial. BASIS FOR MOTION 1. The entire deposition of David Wong, MD, which is

rather short, other than the materials which mean nothing is attached. 2. The questions to which objections were raised were at

page 8, line 1 as relates to page 7, lines 5-25: Q Doctor, to your left and in front of you is that a copy of your current cv, please? A It is my cv. I don't think we have revised it fairly recently. It is probably one of the ones from earlier this year. I think they have actually put the plaintiffs exhibit thing over there, right over where we usually have the what the latest version is, although I don't see one reading through the back of the cover. Q. Does it in more detail set forth your professional experiences? A. It does. Q. It also contains information concerning presentations and papers, presentations that you have written, and papers that you have written? A Yes. It looks like this is the one up to the first of 2003. MR. KINTZELE: We would offer Plaintiffs Exhibit 1, please. Page 8 Any objection?

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MR. LIPSTEIN: I don't think there is any Court here, Mr. Kintzele. I understand that you want to offer it. MR. KINTZELE: Thank you. We would offer the Doctor as an expert orthopedic surgeon and surgery, please. MR. LIPSTEIN: He may testify as an expert.

3.

Given the contents of the deposition, the objection/

comment has no merit and the curriculum vitae should be deemed admitted. 4. Plaintiff requests the Honorable Trial Judge or the

Honorable Magistrate Judge rule on the objection/comment of the defendant so that the video record of the deposition of David Wong, MD can be made ready for trial. 5. Ruling on the objection/comment early date will be

helpful in trial preparation to all parties concerned.

Respectfully Submitted, s/John A. "Jack" Kintzele_____ John A. "Jack" Kintzele, #1842 Attorney for Plaintiff 1317 Delaware Street Denver, Colorado 80204 Telephone: 303-892-6494 FAX: 303-893-2053 E-mail: [email protected] Attorney for Plaintiff

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Certificate of Mailing On this the 29th day of November 2005 a copy of the above was mailed, postage prepaid to: Bobby Padilla P.O. Box 2817 Espanola, NM 87532 On this the 29th day of November 2005 a copy of the above was electronically filed to: Evan S. Lipstein, Esq. 12600 West Colfax Avenue, #C-400 Lakewood, CO 80215 s/John A. "Jack" Kintzele_____ John A. "Jack" Kintzele, #1842

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