Free Motion to Supplement - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General Darrin J. DeLange (#015699) Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-7693 Fax: (602) 542-7670 E-mail: [email protected] Attorneys for Defendant James UNITED STATES DISTRICT COURT STATE OF ARIZONA

ANDRE ALMOND DENNISON, Plaintiff, v. CONRAD LUNA, et al., Defendants.

Case No: CIV 03-2373 PHX-SRB (JRI) DEFENDANT'S MOTION TO SUPPLEMENT WITNESS LIST WITH REBUTTAL WITNESS

Defendant, by undersigned counsel, notifies this Court and the Plaintiff of the below named witness who may be called as a rebuttal witness. Because she no longer works for the Arizona Department of Corrections ("ADC") and moved out of state, Defendant's counsel was not able to put her on their previous witness list. However, after locating her several weeks ago, it is undersigned counsel's intention to call her if necessary to rebut one of the primary theories of Plaintiff's case: that Defendant Vince James had a "relationship" with former Officer Jennifer Thelen; and because Plaintiff filed a lawsuit against Ms. Thelen eight days before the "incident" Plaintiff claims caused his civil rights violations, Defendant James retaliated against Plaintiff by allegedly denying him his right to be present during his classification hearing (access

Case 2:03-cv-02373-SRB

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to the courts is also alleged by Plaintiff) and thus retaliated against him by denying his right to access the courts, or petition the government for a redress of grievances. The name of the potential rebuttal witness is: Jennifer Thelen, former officer for ADC when the "incident" took place. Address and phone number submitted under seal to the court. Summary of Expected Testimony: Ms. Thelen will only be called if Plaintiff advances the theory through witnesses or opening statement that the reason Defendant James allegedly retaliated against him was because of a "relationship" that existed between Defendant James and former officer Ms. Thelen. Ms. Thelen would then be called to rebut such statements or evidence presented during Plaintiff's case. Defendant's counsel understands that rebuttal witnesses do not have to be disclosed prior to being called to testify, and that all of the above information could have been filed under seal to this Court without notifying Plaintiff Dennison. However, in the spirit of open disclosure, Defendant chooses to make this disclosure public to the court and the Plaintiff. It should be noted that Plaintiff has not submitted his Supplemental Witness List with expected testimony that was due before 3/1/2007. This failure is delaying the ability of Defendant's counsel to fully prepare for trial. Defendant respectfully requests that this Court Order whatever relief or sanction would be appropriate to remedy Plaintiff's failure to file his Supplemental Witness List before 3/1/2007, as ordered by this Court. Therefore, Defendant respectfully request that this court will accept Defendant's Motion to Supplement Witness List with the Rebuttal Witness Ms. Jennifer Thelen. /// ///

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RESPECTFULLY SUBMITTED on this 12th day of March, 2007. TERRY GODDARD Attorney General

By

s/Darrin J. DeLange DARRIN J. DeLANGE Assistant Attorney General Attorneys for Defendant James

CERTIFICATE OF SERVICE I hereby certify that on the next day, I served the attached document and Notice of Electronic Filing by mail on the following: Copy mailed the same date to: Andre Almond Dennison, #143931 ASPC - Lewis - Morey Unit P.O. Box 3300 Buckeye, AZ 85326 s/ L. Young Secretary to Darrin J. DeLange IDS04-0294/RSK:G04-20632 #1003739

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