Free Response to Motion - District Court of Arizona - Arizona

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Georgia A. Staton, Bar #004863 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone: (602) 263-1700 Fax: (602) 200-7854 [email protected] Attorneys for Defendants, Pinal County and Roger Vanderpool as Sheriff of Pinal County UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Robert Gant and Betty Gant, husband and wife, Plaintiffs, v. Roger Vanderpool, Sheriff of Pinal County; Pinal County, a political subdivision; John Does and Jane Does I-X; ABC Corporations IX; and XYZ Partnerships I-X, Defendants. NO. CV 03-2077-PHX-EHC DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION TO OFFER SUPPLMENTAL EXPERT OPINION OR, IN THE ALTERNATIVE, TO OFFER THE DEPOSITION TESTIMONY OF ROBERT GROSSE, Ph.D.

Defendants have no objection to Plaintiffs offering the deposition testimony of Robert Grosse, Ph.D. at the time of trial.1 Defendants do object to Plaintiffs substituting an expert witness for Dr. Grosse. Undersigned counsel deposed Dr. Grosse almost one year ago. The Defendants are entitled to demonstrate to the jury the lack of information upon which Dr. Grosse based his opinions and conclusions. That information is captured in the deposition. It would be inherently unfair for Plaintiffs to now preclude Defendants from an effective cross-examination of Dr. Grosse, albeit by deposition, by substituting an unnamed
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Defendants note that Robert Grosse's name was omitted from Plaintiffs' recently filed list of witnesses.

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individual who will do nothing more than parrot Dr. Grosse's testimony. Federal Rules of Civil Procedure provide a mechanism by which Plaintiffs may present the testimony of Dr. Grosse and that is by deposition. Assuming the Court permits the deposition to be read, Defendants request that Plaintiffs attorney be required to identify those portions of the deposition he proposes to read. RESPECTFULLY SUBMITTED this 17th day of October, 2006. JONES, SKELTON & HOCHULI, P.L.C.

BY

s/Georgia A. Staton Georgia A. Staton 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants, Pinal County and Roger Vanderpool as Sheriff of Pinal County

Original e-filed and copies of the foregoing hand-delivered this 17th day of October, 2006, to: Hon. Earl H. Carroll United States District Court Sandra Day O'Connor U.S. Courthouse 401 West Washington Street, SPC 48 Suite 521 Phoenix, AZ 85003-2151 602-322-7530 Robert M. Gregory, Esq. LAW OFFICE OF ROBERT M. GREGORY, P.C. 1920 South Alma School Road Suite A-115 Mesa, AZ 85210 Attorney for Plaintiffs 480-839-4711 FAX: 480-452-1753 E-mail: [email protected] s/Gwen Coon/Georgia Staton

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Case 2:03-cv-02077-EHC

Document 127

Filed 10/17/2006

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