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

M. Brett Bums (admitted pro hac vice)
[email protected]
Stephanie K. Osteen (admitted pro hac vice)
[email protected]
AKIN GUMP STRAUSS HAUER & FELD LLP
1700 Pacific Avenue, Suite 4100
Dallas, Texas 75201
(214) 969-2800
facsimile (214) 969-4343
Tricia Schafer (018748)
[email protected]
MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.A.
2901 North Central Avenue, Suite 200
Phoenix, Arizona 85012
(602) 285-5000
facsimile (602) 285-5100
Attorneys for Defendants
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
Patrice Jerome,
N0. CV03-1913-PHX-MHM
1 Plaintiff,
DEFENDANTS’ UNOPPOSED
v. MOTION TO SUBPOENA
RECORDS
Midway Holdings, lnc. et al.,
Defendants.
Defendants Midway Holdings, Inc. and Midway Chevrolet, Inc. submit this
Unopposed Motion To Subpoena Records.
On February 15, 2006, the Court entered an order granting "Defendants until
March 1, 2006 to complete any further discovery on Plaintiffs economic damages claim
now that Defendants are in possession of Plaintiffs original signed releases." (Docket
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Case 2:03-cv-01913-IVIHIVI Document 64 Filed O3/28/2006 Page 1 of 4


1+Io. 63.) The original signed releases were necessary for Defendants to obtain Plaintiff s
liRS and Social Security records to verify Plaintiffs earnings and other employment.
dike Docket Nos. 55 and 62.) The Court also extended the dispositive motion deadline
iintil March 3l, 2006. Defendants gl); seeking to continue the dispositive motion, or
fny other, deadline by this Motion.
On January 20, 2006, Defendants requested Plaintiff s detailed earnings from the
Social Security Administration, sending the signed original release with the
cbrrespondence. (See Ex. A, Jan. 20, 2006 Ltr. from E. Cummo to Social Security
Administration.) These records were received by Defendants on March 20, 2006 and
rizflect three entities who withheld earnings for Plaintiff in 2004, of which Defendants
hbd not been previously aware. (See Ex. B, redacted records from Social Security
Aldministration to S. Osteen. 1) Defendants need to subpoena any payroll/personnel
r%cords these entities possess for Plaintiff in order to prepare their case.
i Because the Court’s March 1, 2006 deadline passed before the names of these
e+itities were made known to them by the Social Security Administration, Defendants
rcispectfully request leave of the Court to subpoena records from the three entities not
pieviously known to them and identified in the Social Security records.
l
I Pursuant to General Order 04-26, Defendants have redacted Plaintiffs personal
i formation from this Exhibit. Further, to protect Plaintiffs privacy, Defendants have also
rjdacted the amounts Plaintiff earned from this Exhibit.
i Case 2:03-cv-O1913—IVIHI\/I Document 64 Filed O3/28/2006 Page 2 of 4

For the foregoing reasons, Defendants respectfully request that the Court grant
Defendants leave to subpoena employment records of the three entities identified as
potential employers in 2004 in the Social Security records Defendants received.
li)ATED this 28th day of March, 2006.
AKIN GUMP STRAUSS HAUER & FELD
LLP
/s/ Stephanie K. Osteen
M. Brett Bums (admitted pro hac vice)
Stephanie K. Osteen (admitted pro hac vice)
1700 Pacific Avenue, Suite 4100
Dallas, Texas 75201-4618
(214) 969-2800
1 facsimile (214) 969-4343
Tricia Schafer
MARISCAL, WEEKS, MCINTYRE &
FRIEDLANDER, P.C.
2901 North Central Avenue, Suite 200
Phoenix, Arizona 85012
(602) 285-5000
facsimile (602) 285-5100
Attorneys for Defendants
CERTIFICATE OF CONFERENCE
I hereby certify that on March 27, 2006, a conference was held with Stephen G.
ontoya, counsel for Plaintiff, and he does not oppose the relief requested in this
otion.
/s/ Stephanie K. Osteen
A 3
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Q I hereby certify that on this 28th day of March, 2006, I electronically
ansmitted the foregoing to the Clerk’s Office using the CM/ECF System for filing [and
ansmittal of a Notice of Electronic Filing to the following CM/ECF registrants]:
l Stephen G. Montoya
g Montoya Jiminez, P.A.
i 3200 North Central Avenue, Suite 2550
z Phoenix, Arizona 85012
1 Attorney for Plaintiff
COPY hand—delivered to:
1
i Honorable Mary H. Murguia
I United States District Court
Sandra Day O’Connor U.S. Courthouse, Suite 525
I 401 West Washington Street, SPC 53
Phoenix, Arizona 85003-2154
lily: /s/ Stephanie K. Osteen
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