Free Motion to Produce - District Court of Arizona - Arizona

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LAW OFFICE OF ROBERT M. GREGORY, P.C. Robert M. Gregory, State Bar No. 021805 1930 S. Alma School Road, Suite A-115 Mesa, Arizona 85210 Telephone: (480) 839-4711 Facsimile: (480) 452-1753 Attorney for Plaintiffs

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case No. CIV 03-2077-PHX-EHC PLAINTIFFS' MOTION TO OFFER SUPPLEMENTAL EXPERT OPINION OR, IN THE ALTERNATIVE, TO OFFER THE DEPOSITION TESTIMONY OF ROBERT GROSSE, PH.D. (Honorable Earl H. Carroll)

ROBERT GANT and BETTY GANT, husband and wife,

) ) ) Plaintiffs, ) ) vs. ) ) ROGER VANDERPOOL, Sheriff of Pinal ) County; PINAL COUNTY, a political ) subdivision; JOHN DOES, I­X; JANE ) DOES, I­X; ABC-XYZ CORPORATIONS I- ) X; BLACK AND WHITE PARTNERSHIPS ) I-X, jointly and severally, ) ) Defendants. ) ) )

Plaintiffs move for an Order allowing Plaintiffs to offer supplemental expert testimony or, in the alternative, to offer the deposition testimony of Robert Grosse, Ph.D. at the trial set for October 18, 2006. Plaintiffs retained Robert Grosse, Ph.D., to testify concerning economic damages incurred by Plaintiff Robert Gant. Dr. Grosse prepared an expert report based on his review of documentation provided to him concerning Mr. Gant's wages and projected earnings, which report Plaintiffs have identified as an exhibit for trial, and Dr. Grosse was deposed by Defendants. Dr. Grosse, who is employed by the Thunderbird School of International Management, is presently in South Africa on behalf of his employer and will not return until December 2006. Plaintiff did not become aware of Dr. Grosse's absence until Friday, October 13, 2006.
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Plaintiffs move for an Order allowing Plaintiffs to identify an expert witness who may testify concerning the report prepared by Dr. Grosse. In the alternative, Plaintiffs move for an Order that the deposition testimony of Dr. Grosse, with all exhibits thereto, may be used at trial consistent with Fed. R. Civ. P. 32(a)(3)(B), which provides in pertinent part that: "At the trial..., any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions: [t]he deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds...that the witness is at a greater distance than 100 miles from the place of trial or hearing, or is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition." Fed. R. Civ. P. 32(a)(3)(B).

RESPECTFULLY SUBMITTED this _13th__ day of October, 2006. LAW OFFICE OF ROBERT M. GREGORY, P.C. By: __s/ Robert M. Gregory_________________ Robert M. Gregory Attorney for Plaintiffs

ORIGINAL of the foregoing electronically filed this _13th_ day of October, 2006, with:
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Clerk of the Court United States District Court District of Arizona ONE COPY of the foregoing mailed this _13th_ 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 Phoenix, AZ 85003-2218 Georgia A. Staton JONES, SKELTON & HOCHULI, P.L.C. 2901 N. Central Avenue, Suite 800 Phoenix, Arizona 85012

Attorneys for Defendants

___s/ Robert Gregory___________

Case 2:03-cv-02077-EHC

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