Free Supplement - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12

Daniel B. Treon ­ 014911 Kelly Jo - 021525 TREON & SHOOK, P.L.L.C. 2700 North Central Avenue, Suite 1000 Phoenix, Arizona 85004 Telephone: (602) 265-7100 Facsimile: (602) 265-7400 Attorney for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA TERESA AUGUST, a single woman, MARK AUGUST and JANE DOE AUGUST, husband and wife, for themselves and as parents and guardians for their minor child, MARCUS DAKOTAH AUGUST Plaintiffs, vs. ) Case No. CV03-1892 PHX ROS ) ) ) PLAINTIFFS' SUPPLEMENT TO ) FINAL PRE-TRIAL ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

13 14 15 16 17 18 19 20 21 22 23 24 25 26

CITY OF PHOENIX, a body politic of the State of Arizona; OFFICER LYLE MONSON and JANE DOE MONSON, husband and wife; OFFICER NICHOLAS LYNDE and JANE DOE LYNDE, husband and wife; OFFICER TOBY DUNN and JANE DOE DUNN, husband and wife; OFFICER T. HEDGECOKE and JANE DOE HEDGECOKE, husband and wife; and R. GRIFFIN and JANE DOE GRIFFIN, husband and wife Defendants. ___________________________________ _

Defendants have submitted for the first time a new round of excerpts from the video deposition of Teresa August. These excerpts reference a choreograph of

various movements Teresa August made with her right arm as she answered questions and explained various events. Plaintiff objects to these excerpts from the -1Document 238

Case 2:03-cv-01892-ROS

Filed 01/08/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

video on the basis of timeliness as these excerpts should have been provided long ago. Second, curiously, every single one of these excerpts was not on Defendant's original designation. This sandbagging should not be allowed.

DATED this 8th day of January, 2007.

TREON & SHOOK, P.L.L.C.

By:

s/ Daniel B. Treon Daniel B. Treon Kelly Jo Attorney for Plaintiffs

CERTIFICATE OF SERVICE I hereby certify that on January 8, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic to the following CM/ECF registrants: Daniel B. Treon: [email protected]; [email protected] [email protected]; [email protected]; [email protected] [email protected]; [email protected] [email protected]; [email protected]

18 19 20

Kathleen Wieneke:

Jennifer L. Holsman:
21 22 23

Randall H. Warner:

By:
24 25 26

s/ Laura L. Quesada

Case 2:03-cv-01892-ROS

-2Document 238

Filed 01/08/2007

Page 2 of 2