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

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John T. Masterson, Bar #007447 Jennifer L. Holsman, Bar #022787 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Telephone No.: (602) 263-1700 Facsimile No.: (602) 263-1784 E-Mail: [email protected] [email protected] Attorneys for Defendants Brad Weekley, Penny Dalhberg, Guy Gorman, Dave Boatwright UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA
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JAMES W. FIELD and SUSAN F. FIELD, husband and wife, Plaintiffs, v. LA PAZ COUNTY, et al.,

No. CIV 03-02214 PHX-SRB LA PAZ DEFENDANTS' MOTION FOR LEAVE TO TAKE TRIAL DEPOSITION OF PETE HEERE

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Defendants.
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Defendants Weekley, Dahlberg, Gorman and Boatwright, submit this Motion for Leave to Take the Trial Deposition of Deputy Pete Heere.1 Defendants were recently informed by Deputy Heere that he will be out of the Country during the trial of this matter. In order to preserve Deputy Heere's trial testimony, Defendants, therefore, respectfully request leave to take this critical deposition on May 31, 2006 beginning at 11:00 am, in La Paz County. This Motion is supported by the attached Memorandum of Points and Authorities.

In the Court's April 27, 2006 Order, all other La Paz Defendants were dismissed from this suit, including Deputy Heere.
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MEMORANDUM OF POINTS AND AUTHORITIES I. FACTS. This case is currently scheduled for trial beginning on June 13, 2006. After the Court's April 27, 2006 Order, defense counsel contacted each La Paz County Defendant and/or witness regarding the scheduled trial date and their anticipated participation in the trial. Deputy Heere recently informed defense counsel that he would be out of the country from June 2 - June 30, 2006. As a result, he will be unavailable for trial. In order to preserve his trial testimony, Defendants request the Court grant Defendants' Motion for Leave to Take the Trial Deposition of Deputy Heere. II. ARGUMENT. The trial deposition of Deputy Heere should take place on May 31, 2006 for the following four reasons. First, Defendants only recently received information that Deputy Heere would be unavailable to testify at trial. Upon receipt of this information, Defendants contacted Plaintiffs and co-defense counsel regarding their availability for the deposition. Thus, these depositions will take place at a mutually agreeable time for all parties and there is no anticipated conflict at this time. Second, because all parties have been timely notified about the deposition, there will be no prejudice to any party and allows sufficient time for all parties to prepare any questions for Deputy Heere. Third, the trial deposition of Deputy Heere will shorten the trial and spare further judicial and economic resources. Fourth, Defendants would be at an extreme disadvantage if not authorized to preserve the trial testimony of Deputy Heere. It is anticipated that Deputy Heere will provide background information regarding police contact with Plaintiff related to his
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failure to comply with La Paz County regulations with the property, the service of the October 28, 2002 search warrant to determine electrical code compliance, the search of Plaintiff's property on October 30, 2002 to determine electrical code compliance, and the January 2006 inspection of Plaintiff's property to again determine electrical code compliance. Deputy Heere's testimony is critical for Defendants, as it will help establish Plaintiff's refusal to cooperate with La Paz County in complying with the various electrical code provisions and about the October 30, 2002 inspection of Plaintiff's property. Put simply, Deputy Heere's trial testimony is critical to the defense of this case and must be heard by the jury. III. CONCLUSION. For the foregoing reasons, Defendants respectfully request that this Court grant their Motion for Leave to Take Trial Deposition of Pete Heere on May 31, 2006 beginning at 11:00 am. DATED this 18th day of May, 2006. JONES, SKELTON & HOCHULI, P.L.C.

By s/Jennifer L. Holsman John T. Masterson Jennifer L. Holsman 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Attorneys for Brad Weekley, Penny Dalhberg, Guy Gorman, Dave Boatwright Foregoing filed ELECTRONICALLY this 18th day of May, 2006. COPY of the foregoing mailed even date to: James W. Field Post Office Box 248 Salome, Arizona 85348 Plaintiff Pro Per
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David F. Gaona, Esq. Nicole Cantelme, Esq. Gaona Law Firm Suite 720 3101 North Central Avenue Phoenix, AZ 85012 Attorney for Co-Defendants s/ Colleen Webb.

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