Free Motion to Expedite - District Court of Arizona - Arizona

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ABOUD & ABOUD, P.C.
100 North Stone Avenue, Suite 303 Tucson, Arizona 85701 (520) 623-5721 MICHAEL J. ABOUD, ESQ. State Bar No. 002647

BOYTE & MINORE, P.C. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v.
150 West Second Street Yuma, Arizona 85634 (928) 329-7838 MARY BOYTE State Bar No. 014969

Attorneys for Plaintiff Fox

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA RUBECCA MIKKELSEN, surviving spouse of Kelly Mikkelsen, deceased, and as Personal Representative of the Estate of Kelly Mikkelsen, on behalf of MILES MIKKELSEN, JERRET MIKKELSEN and ALLISON MIKKELSEN, the minor children of Kelly Mikkelsen, deceased, and on behalf of DENNIS MIKKELSEN, natural father of Kelly Mikkelsen, deceased; TAYLOR R. FOX, a minor, by her next friend and natural mother, TRACY FOX-TANGA, Plaintiffs, CORRECTIONAL HEALTH RESOURCES, INC., a foreign corporation; KENNETH L. FAIVER and JANE DOE FAIVER, husband and wife; JOSEPH EDWARD RICH, M.D. and JANE DOE RICH, husband and wife; DOES I through V, inclusive, Defendants.
Because this matter is scheduled for trial on November 29, 2005, and the conclusion of the pre-trial conference was yesterday re-set for November 17, 2005, at 2:00 p.m., and the issues raised in the pleading and the conduct of other counsel therein described need to be addressed and dealt with immediately as they substantially impact the lawsuit, the scheduling and the matters pending before the court, Tracy Tanga-Fox, in her capacity as Conservator, natural mother and next friend of Taylor R. Fox, a minor child of the Case 2:02-cv-02252-JAT Document 306 Filed 11/16/2005 Page 1 of 2

No. CIV 02-2252-PHX-JAT

REQUEST FOR EXPEDITED HEARING ON MOTION TO REMOVE RUBECCA MIKKELSEN AS PERSONAL REPRESENTATIVE AND AS STATUTORY PLAINTIFF AND TO APPOINT SUBSTITUTE PERSONAL REPRESENTATIVE AND STATUTORY PLAINTIFF

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decedent, Kelly Mikkelsen, respectfully moves for an expedited hearing on her Motion that Rubecca Mikkelsen be removed as Personal Representative of the Estate of Kelly Mikkelsen, that she be removed as the statutory plaintiff in the within lawsuit and replaced by Tracy Tanga-Fox and that the trial date be continued. DATED this November 16, 2005. ABOUD & ABOUD, P.C. and BOYTE & MINORE, P.C. By_/s/___________________________ Michael J. Aboud Attorney for Plaintiff Fox E-filed with the U.S. District Court this date and faxed and mailed to: Honorable James A. Teilborg U. S. District Court 401 West Washington Street Phoenix, Arizona 85003 John Micheaels

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1440 East Missouri Avenue, #150 Phoenix, Arizona 85014 Attorneys for Plaintiff Dennis Mikkelsen
A. James Clark

CLARK & MOORE 256 South Second Avenue, Suite E Yuma, Arizona 85364 Attorneys for Plaintiffs Rebecca Mikkelsen, et al,
James Barnhouse John Klecan

RENAUD, COOK, DRURY & MESAROS, P.A. One North Central Avenue, #900 Phoenix, Arizona 85004 Attorneys for Defendants Correctional Health Resources, Inc., etc.

Case 2:02-cv-02252-JAT

-2Document 306

Filed 11/16/2005

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