Free Supplement - District Court of Arizona - Arizona

A. James Clark, #002901 CLARK & MOORE 2 256 South Second Avenue, #E Yuma, AZ 85364 3 Telephone (928) 783-6233 [email protected]
1 4

Attorneys for Plaintiff Rubecca Mikkelsen, etc.
5

John A. Micheaels -- 05917 BEALE, MICHEAELS & SLACK, P.C. 1440 E. Missouri Avenue, #150 7 Phoenix, Arizona 85014 (602) 285-1444 8 [email protected]
6 9 10

Attorneys for Plaintiff Dennis Mikkelsen UNITED STATES DISTRICT COURT

11

DISTRICT OF ARIZONA
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

RUBECCA MIKKELSEN, surviving) spouse of Kelly Mikkelsen, deceased,) 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; and on behalf of TAYLOR) R. FOX, a minor, by her next friend) and natural mother, TRACY FOX-) TANGA, ) ) Plaintiffs, ) ) vs. ) ) C O R R E C T I O N A L H E A L T H) 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. ) ______________________________ )

No. CIV 02-2252-PHX-JAT PLAINTIFFS MIKKELSEN'S SUPPLEMENT TO MOTION FOR ENFORCEMENT OF COURT'S ORDER SETTING FINAL PRETRIAL CONFERENCE AND SANCTIONS

(Assigned to the Honorable James A. Teilborg)

In further support of Plaintiffs Mikkelsen's Motion for Enforcement of Order Setting Final Pretrial Conference and Sanctions, plaintiffs attach Exhibit A, the defendants' first

Case 2:02-cv-02252-JAT

Document 263

Filed 10/19/2005

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

revisions to the draft Joint Proposed Final Pretrial Order delivered to defense counsel at the October 3, 2005 meeting (along with the e-mail transmission correspondence timed at 2:52 p.m. on October 17, 2005), and Exhibit B, undersigned counsel's October 17, 2005 correspondence to defense counsel after receiving and reviewing Exhibit A. As the Court can see, at 2:52 p.m. on October 17, defense counsel literally "dumped" on undersigned counsel defendants' extensive revisions to the draft of the Joint Proposed Final Pretrial Order which had been in defendants' possession since October 3. Approximately one hour before the deadline for submitting the parties' Joint Proposed Final Pretrial Order, defendants (1) for the first time responded to plaintiffs' proposed statement of uncontested facts; (2) added numerous new issues of fact and law (most of which had never previously been disclosed/raised in this case); (3) for the first time asserted objections to plaintiffs' trial exhibits; (4) "pared down" defendants' trial witnesses from 103 to 34; and (5) designated extensive testimony from 19 depositions taken in this case.1 As set forth in undersigned counsel's letter (Exhibit B), defendants extensive untimely "input" to the draft Joint Proposed Final Pretrial Order (which had been provided by undersigned counsel to defense counsel two weeks earlier on October 3) could not possibly be responded to by Plaintiffs Mikkelsen prior to the 4:00 p.m. October 17 deadline for submitting the parties Joint Proposed Final Pretrial Order. It is respectfully submitted that Exhibit A is just another example of defendants complete failure to comply with the Court's September 9, 2005 Order Setting Final Pretrial Conference. Plaintiffs respectfully request that the Court enforce the September 9 Order Setting Final Pretrial Conference and impose the sanctions requested by Plaintiffs Mikkelsen.

...

Defendants first provided Plaintiffs Mikkelsen with designations from five (5) depositions at approximately 12:00 noon on October 13, then provided Plaintiffs Mikkelsen with designations from 14 more depositions at 3:45 p.m. on October 14. 2 Case 2:02-cv-02252-JAT Document 263 Filed 10/19/2005 Page 2 of 4

1

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

RESPECTFULLY SUBMITTED this 19th day of October, 2005. BEALE, MICHEAELS & SLACK, P.C.

By /s/ John A. Micheaels John A. Micheaels 1440 East Missouri Avenue, #150 Phoenix, Arizona 85014 Attorneys for Plaintiff Dennis Mikkelsen CLARK & MOORE

By

/s/ John A. Micheaels (with authorization) A. James Clark 256 South Second Avenue, #E Yuma, Arizona 85364 Attorneys for Plaintiffs Miles, Jerret and Allison Mikkelsen

Original/Copy of the foregoing mailed/ delivered this 19th day of October, 2005, to: Clerk of the U.S. District Court 401 West Washington Street Phoenix, Arizona 85003

Honorable James A. Teilborg U. S. District Court 401 West Washington Street 18 Phoenix, Arizona 85003
17 19 20 21 22 23 24 25

A. James Clark, Esq. CLARK & MOORE 256 South Second Avenue, Suite E Yuma, Arizona 85364 Attorneys for Plaintiffs Rebecca Mikkelsen, et al, . James W. Barnhouse, Esq. RENAUD, COOK, DRURY & MESAROS, P.A. One North Central Avenue, #900 Phoenix, Arizona 85004 Attorneys for Defendants Correctional Health Resources, Inc., Faiver and Rich

Michael J. Aboud Esq. ABOUD & ABOUD 100 North Stone Avenue, #303 27 Tucson, Arizona 85701 Co-Counsel for Plaintiff Fox
26 28 3 Case 2:02-cv-02252-JAT Document 263 Filed 10/19/2005 Page 3 of 4

Mary K. Boyte, Esq. BOYTE & MINORE, P.C. 2 150 W. Second Street Yuma, Arizona 85364 3 Co-Counsel for Plaintiff Fox
1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Case 2:02-cv-02252-JAT Document 263 Filed 10/19/2005 Page 4 of 4

By

/s/ Sue Ketz