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

POTTS & ASSOCIATES

Staff Counsel for Travelers Insurance

2401 West Peoria Avenue Suite 100 Phoenix, Arizona 85029-4708 Telephone: (602) 861-8650 Roger M. Sherman, Esq. (SBN: 013407) Attorney for Defendant Market Finders Insurance Corporation UNITED STATE DISTRICT COURT DISTRICT OF ARIZONA ) ) ) Plaintiff, ) ) vs. ) ) Market Finders Insurance Corporation, ) a Kentucky corporation ) ) Defendant. ) Scottsdale Insurance Company, an Ohio corporation Case No. CV 04-118-PHX-SMM DEFENDANT'S MOTION TO ALLOW TELEPHONIC APPEARANCE AT HEARING

(Assigned to Judge McNamee)

Defendant, Market Finders Insurance Company, by and through counsel, submits its Motion to Allow Telephonic Appearance at this Hearing as follows: Because of discovery disputes between parties in this case, the Court mandated on March 14th that a hearing to resolve these issues would take place on Wednesday, March 22, 2006 with corporate representatives in attendance. The corporate representatives for Market Finders reside in Kentucky. Appearing in person at the hearing would present an undue hardship on Market Finders.

-1-

Case 2:04-cv-00118-SMM

Document 58

Filed 03/15/2006

Page 1 of 2

The discovery dispute involves materials, responses and documents that defense counsel believes is relevant to the defense of Market Finders and that Plaintiffs are alleging to be privileged. This dispute involves the defense advocate's attempt to obtain all relevant materials that could lead to a proper defense and plaintiff's advocate's attempt to preclude these materials from them. Defendant respectfully requests that Market Finders' corporate representative be allowed to attend this hearing telephonically, in this discovery dispute, so as to not place additional undue financial and personal burdens upon them. Dated this 15th day of March, 2006. POTTS & ASSOCIATES

By s/Roger M. Sherman Roger M. Sherman Attorney for Defendant Original of the foregoing e-filed this 15th day of March, 2006 with copies to: Kathleen L. Beiermeister, Esq. Meagher & Geer P.L.L.P. 8800 N. Gainey Center Drive #261 Scottsdale, AZ 85258

By s/Judy McAuley

-2-

Case 2:04-cv-00118-SMM

Document 58

Filed 03/15/2006

Page 2 of 2