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

-l
1
l I .
I 1 MESCH, CLARK & ROTHSCI-IILD, P.C. _
l 259 North Meyer Avenue
.2. Tucson, Arizona 85701
Phone: (520) 624-8886 _ _
E 3 Fax: (520) 798-1037 h
l 4 By: Douglas H. Clark, Jr., #1942
l 5 81132-1/lav c
i LOUISC. WEBB, P.C.
l 6 76 East Mitchell Drive
E Phoenix, Arizona 85012-2330
I 7 Phone: (602) 240-2377
8 Fax: (602) 263-0917
Attorneys for Plaintiffs
9
E 10 UNITED STATES DISTRICT COURT
·o’ 3 DISTRICT OF ARIZONA
E j I1 2 _ .
[ U')
Ԥ LQ 12 1onN ROEHRS, Mn., and JEAN 3 .
5 _ 13 ROEHRS, his wife, ; No. CI\/-03-1373-PHX—LOA
Om -
i .5 csi; I4 ‘ Plaintiffs, ) MOTION TO ALLOW TESTIMONY OF . _
E S Z ) WITNESSES ELECTRONICALLY ,` -
_ x 1 5 'VS' ) _
. )
l rg 2 I6 MINNESOTA LIFE INSURANCE )
t ` < an E
E " C?r1`é[·IEil§lrE;§‘i£.f8lfr¥f§r?§‘,fi‘il8ti°“’ l
1 17 COMPANY, a foreign corporation, g _
18 Defendants. )
5 I 19 ) q
in 20 Plaintiffs through their counsel respectively move the court for an order allowing
2] Guilermo I-Iuerta, l\/LD., a former medical partner of John Roehrs, M.D., and Caroline
22 Anderson, Dr. Ro‘ehrs’ insurance agent handling the purchase of the policy in question, who
23 both live and work in Omaha, Nebraska, to appear and give testimony via telephone connection
24 from their respective offices to the Federal Court in Phoenix on Wednesday December 7, 2005.
I 25 Counsel have conferred over these issues and Defendants have agreed to allow Carol Anderson
26 to appear via teleconferencing, but not by telephone. They require Dr. Huerta to travel to
Case 2:O3—cv—O1373-LOA Document 133 Filed 12/O2/2005 Page 1 of 3

2
t
E .
i 1 Phoenix to give histestimony in person.
2 Following communication with Defendants’ counsel, Plaintiffs have decided to limit
3 questions to Dr. Huerta to the sole issue of whether it was ever the intention of Pulmonary
K 4 Medical Specialists, a professional corporation of which both Dr. Roehrs and Dr. Huerta were
5 employees, to include their individual disability income protection policies purchased through
i 6 Minnesota Life as part of an employee welfare benefit plan as defined by ERISA, or whether
1 7 Dr. Huerta believed such policies to be the personal property of the doctors even though
8 premiums were paid by Pulmonary Medical Specialists.
i 9 Given the brevity of the expected testimony, and the doctor’s schedule, Plaintiffs believe
10 that the Court and all parties will be fairly served if Dr. Huerta is allowed to appear
_ 1 1 telephonically. I
12 Secondly, Carol Anderson has been deposed and Defendants had intended to just read
. 13 portions of her deposition into evidence, to which Plaintiffs have not objected. Although
g 14 teleconferencing could hopefully be arranged, since this is a trial to the court, telephonic
{ 15 appearance would expedite receipt of Mrs. Anderson’s testimony, and would not prejudice the
16 Defendants in any realistic manner. r
17 It is, therefore, respectfully requested that both witnesses be allowed to testify on
I= 18 Wednesday, December 7, 2005, by telephone. Alternatively, that teleconferencing be allowed.
19 Dated December 2, 2005.
t 20 ` LOUIS C. WEBB, P.C. and -
21 MESCH, CLARK & ROTHSCHILD, P.C.
22
23 _ By s/Louis C. Webb
I 2 ·
24 Louis C. Webb _
{ 25 Attorneys for Plaintiffs
I 26
2
Case 2:O3—cv—O1373gLOA Document 133 Filed 12/O2/2005 Page 2 of 3 a

l
ii
l
i
1 Copy mailed and emailed December 2, 2005, to:
2 Christopher P. Staring I
Fennemore Craig _
3 One S. Church Ave., Ste. 1000 `
1 Tucson, Arizona, 85701-1627 · ·
4 Attorneys for Defendants .
1 . .
P 5 zascso
E 6
.l . 7 _ _
i 8
l 9 p ._ 1
- 10
s 1 1
. 1 2 l
% 1 3
{ 14 A
E 15
E 16 A
[ 17
, 18
1 · .
y 19
20
I 21
1 22 .
24
I 25 A
E 26
l 2 3
[ Case 2:O3—cv—O1373—LOA Document 133 Filed 12/O2/2005 Page 3 of 3

Case 2:03-cv-01373-LOA

Document 133

Filed 12/02/2005

Page 1 of 3

Case 2:03-cv-01373-LOA

Document 133

Filed 12/02/2005

Page 2 of 3

Case 2:03-cv-01373-LOA

Document 133

Filed 12/02/2005

Page 3 of 3