Free Other Notice - District Court of Arizona - Arizona

John T. Masterson, 007447 JONES, SKELTON & HOCHULI, P.L.C. Suite 800 2901 North Central Avenue Phoenix, Arizona 85012 602-263-1700 Attorneys for Defendants Tanya (Williams) Gant, Joseph Ortega and Rebecca Spurlock

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Jay Jeffers, Jr., NO. CV'04 0572-PHX-MHM (MS) Plaintiff, NOTICE OF NON-PARTIES AT FAULT

v. Officer Ortega; Corporal Williams; Officer Spurlock; and Doctor Lizarrage,

Defendants.

Defendants Tanya (W illiams) Gant, Joseph Ortega and Rebecca Spurlock, with respect to Plaintiff's state claims, pursuant to A.R.S. § 12-2501 et seq., Rule 26(b)(5), Arizona Rules of Civil Procedure, give notice that the following individuals may be wholly or partially responsible for the injuries/damages that Plaintiff allegedly sustained according to the disputed allegations in Plaintiff's Complaint, if any. 1. Unknown individuals incarcerated at Pinal County Adult

Detention Center The information demonstrating the responsibility that these nonparties at fault share in causing Plaintiff's alleged injuries is as follows:

Case 2:04-cv-00572-MHM-LOA

Document 70

Filed 09/09/2005

Page 1 of 3

Plaintiff alleges in his complaint that on or about January 12, 2001, he found a long piece of black hair in his oatmeal. Plaintiff refused to eat the oatmeal. Plaintiff alleges that he is a known diabetic and that going without food resulted in adverse health conditions to Plaintiff. It is unclear when and where the black hair originated from. Defendants contend that the black hair could have been placed in Plaintiff's oatmeal by any number of inmates incarcerated at the Pinal County Adult Detention Center, the identities of whom are unknown. The unidentified individual or individuals responsible for putting the black hair in Plaintiff's oatmeal may be liable under Plaintiff's claims and for Plaintiff's related damages, if any, thereby completely eliminating any alleged liability on the part of Defendants. Defendants reserve the right to supplement this Notice of NonParties at Fault as discovery progresses and reveals additional theories, facts and information that demand an allocation of liability to non-parties, including those identified herein. DATED this 9 th day of September, 2005. JONES, SKELTON & HOCHULI, P.L.C.

By

s/John T. Masterson John T. Masterson Suite 800 2901 North Central Avenue Phoenix, Arizona 85012 Attorneys for Pinal County

Electronically served this 9th day of September, 2005, to: ALL PARTIES ON ELECTRONIC SERVICE LIST By: s/John T. Masterson 2 Case 2:04-cv-00572-MHM-LOA Document 70 Filed 09/09/2005 Page 2 of 3

COPY mailed this same date to: The Honorable Mary H. Murguia United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 525 401 W est Washington Street, SPC 53 Phoenix, AZ 85003-2154 Jay Jeffers Pinal County Adult Detention Center P.O. Box 2610 Florence, Arizona 85232 Pro Per

s/John T. Masterson

1526652_1

3 Document 70 Filed 09/09/2005 Page 3 of 3

Case 2:04-cv-00572-MHM-LOA