Free Response in Opposition to Motion - District Court of Arizona - Arizona

_ l..uNTDYA JII\/IENEZ, -*.A. `
A PROFESSIONAL ASSOCIATION OF LAVVYEFIS
n EEOC] N. CENTRAL AVENUE, SUITE EESD
PHOENIX, AREZQNA 850 1 2-24QD
FAX: SO2-ESS-SSB?
-
STEPHEN G MGNTUYA _ ALJGUSTJNE B. JIIVIENEZ lll, Rc.
SC)2—E5S»S7“lB EQQ-2Br_7
SEMI-EGAL@A¤L.¤¤M ]uIy18’ 2006 _ ,¢wTo¤mEv@ABun,¤?w.2;3
Via Facsimile 602-263-0464
& U.S. Mail _
Garvey M. Biggers, Esq.
Struckmeyer and Wilson
910 East Osborn
‘ ‘ Phoenix, AZ 850I4
Re: Urrutia, et al. v. Vandy’s Transport, Inc., et al
Dear Mr. Biggers:
I just reviewed your motion to reopen discovery. As I advised you yesterday, and as the
law makes very clear, your "newly discovered" evidence is inadmissible and cannot be used for
any purpose, including the subject motion. F.R.C.P. 37(c)(l) calls for sanctions to be levied
against Defendants for the improper use of this alleged evidence. You should also refer to my
Motion in Liinine filed yesterday which sets forth the basis for which the Court must preclude j
your "newly discovered” evidence. I will provide you until Friday to withdraw your motion. If j
by Friday you have not withdrawn your motion, I will respond to your motion and request
sanctions for both the filing of my Motion in Lirnine and our response to your motion to reopen j
discovery. ` Q
On a separate note, yesterday you represented to me that you had sent me a letter I
rejecting Plaintiffs’ offer to settle this case with your clients in return for their assignment of _
their bad faith claims against your insurance client AIG. I asked you this specihcally because E
you failed to address it in your letter to me of July 17, 2006. You told me that you had responded
to our offer, and that your clients had rejected our offer. I asked you to please send me a copy of ?
that letter, since I have never received it. Please send me a copy ofthat rejection letter. If you do ’
not provide me with a copy of that letter, I will assume that you were "incorrect” and that no j
written response to our offer has ever been provided.
Very truly your .
..... / E .
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Case 2:03-cv-01990-PGR l Document 169-2 Filed O8/O2/2006 Page 1 of 1 ·

Case 2:03-cv-01990-PGR

Document 169-2

Filed 08/02/2006

Page 1 of 1