Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Lawrence J. Warfield, Receiver, Plaintiff, v. Michael Alaniz, et al. Defendants.

) ) ) ) ) ) ) ) ) ) )

Cause No. CV 03-2390 PHX JAT ORDER REGARDING DEPOSITION OF LEONARD BESTGEN

Pursuant to the parties stipulation and Defendant Leonard Bestgen's continuing medical condition, IT IS HEREBY ORDERED that Plaintiff shall be allowed to depose Defendant Leonard Bestgen prior to the trial date in the event he is called as a trial witness. IT IS FURTHER ORDERED that both parties waive the right to use the affidavit or testimony of Mr. Bestgen in connection with any dispositive motion or to supplement any dispositive motion with later acquired testimony from Mr. Bestgen. DATED this 14th day of December, 2005.

Case 2:03-cv-02390-JAT

Document 463

Filed 12/14/2005

Page 1 of 1