Free Motion to Enforce - District Court of Arizona - Arizona

LAW OFFICES
BEALE,
MICHAEL A. BEALE *
]oHN A. M1cHsAEL.S * & SLACK
K. THOMAS SLACK * p .C.
Kate Kilbane Thompson, R. N., Nurse Consultant NORMAN D. HALL
ramen J. matter, c. L. A. s., cmgtea Pumzeguz/ogsce Administrator OF COUNSEL
Michelle A. Worhacz, Paralegal TRACY
Writer 's Direct Line.·
(602) 650-2465
g'am@bez1le~nzicheaels.com
Via Facsimile and E-Mail `
October 14, 2005
James W. Barnhouse, Esq.
J. Gordon Cook, Esq.
RENAUD, COOK & DRURY, P.A.
40 North Central Avenue, #1600
Phoenix, Arizona 85004
Re: Mikkelsen v. CHR, Faiver, Rich
Dear Jim and Gordon:
As you know, on October 3, 2005 I provided you, as well as Mike Aboud, with the
following:
1. Plaintiffs Mikkelsen’s draft Final Joint Proposed Pretrial Order.
2. Plaintiffs Mikkelsen’s Proposed Joint Jury Instructions.
3. Plaintiffs Mil 4. Marked copies of all of Plaintiffs Mikkelsen’s trial exhibits (corresponding
to the trial exhibits referenced on Plaintiffs Mikkelsen’s draft Final Joint
Proposed Pretrial Order).
1440 E. MISSOURI AVENUE, SUITE 150, PHOENIX, ARIZONA 85014
case 2;02-cv-022s”§=lrA*i¤¤¤ e*8&%%4+#24§ieimi*FH%?¤¤%b¥iw200s Page 1 or 4
'State Bar Certified Specialist- Personal lnjury and Wrongful Death

LAW OFFICES
BEALE,
MICHEAELS
& SLACK
P.C.
October 14, 2005
Page 2
5. Plaintiffs Mikkelsen’s Designation of Deposition Testimony (by page and
line), which was included in Plaintiffs Mikkelsen’s draft Final Joint
Proposed Pretrial Order.
To date, I have not heard back from defendants regarding the following:
1. Defendants’ input regarding Plaintiffs’ Description of the Case to be read to
the jury;
2. Defendants’ input regarding the Proposed Joint Jury Instruction;
Until Thursday afternoon, October 13, 2005, I had not received any deposition
designations from Defendants.
Accordingly, in order to comply with Judge Teilborg’s Order Setting Final Pretrial
Conference dated September 9, 2005, and the deadlines set forth therein, I am enclosing
the following:
1. Joint Separate Proposed Jury Instructions (conforming to Attachment No. 1
to the Order Setting Final Pretrial Conference);
2. Stipulated Description of the Case to be read to the jury;
3. Joint Master List of the name of every witness who may be called at trial
(by Plaintiffs);
4. Joint Proposed Set of Voir Dire Questions;
5. Plaintiffs Mikkelsen’s Requested Forms of Verdict; and
6. Final Joint Proposed Pretrial Order (latest revised draft).
You will note that the latest revision to the Joint Final Proposed Pretrial Order
does not include Defendants’ recent deposition designations, because I have not yet had
Case 2:02-cv-02252-JAT Document 242-2 Filed 10/17/2005 Page 2 of 4

LAW OFFICES
BEALE,
MICHEAELS
& SLACK
P.C.
October 14, 2005
Page 3
the time to review those deposition designations (which I received for the first time
yesterday afternoon) to make any admissibility objections and/or request that additional
portions of those depositions be read pursuant to Federal Rule of Civil Procedure
32(A)(4). Frankly, I do not know if I will be able to do this prior to the October 17, 2005
filing deadline for the Final Joint Proposed Pretrial Order, given the late hour at which
these deposition designations were provided to me.l
As you can also see, in the enclosed latest draft to the Final Joint Proposed Pretrial
Order, Defendants’ listed exhibits do not correspond to Defendants’ marked exhibits
(which I received on October 6, 2005 from your office). To date, Defendants have not
provided me with marked trial exhibits which correspond to Defendants’ list of trial
exhibits. I have included in the enclosed latest revision to the Final Joint Proposed
Pretrial Order Defendants’ contested issues of fact and law.
I would appreciate your providing me with any additional input to the enclosed
Final Joint Proposed Pretrial Order, Stipulated to Description of the Case to be Read to
the Jury, Joint Master List of the Name of Every Witness Who Will Be Called at Trial,
Joint Proposed Set of Jury Instructions, and Joint Proposed Set of Voir Dire Questions by
5:00 p.m., today, October 14, 2005, so that I can review Defendants’ changes/additions
and so that my office can incorporate Defendants’ changes/additional into these
documents. As you know, these documents need to be finalized, signed by counsel, and
filed by 5:00 p.m. on October 17, 2005. I am making this request since my office has
undertaken the entire burden of preparing and revising all of these documents. Thanks.
I The deposition designations e-mailed to me on October 13, 2005 were:
Deponents Joseph Nimmo, Jeremy Nimmo, Tracy Fox-Tango, Carl Johnson and Lee
Sawyer. As of noon today, I had not received any other deposition designations from
Defendants.
Case 2:02-cv-02252-JAT Document 242-2 Filed 10/17/2005 Page 3 of 4

LAW OFFICES
BEALE,
M1cHEAELs
& SLACK
P.C.
October 14, 2005
Page 4
Yours very truly,
w,
. icheaels
J · ' mbb
Enclosures
c: A. James Clark, Esq.
Michael Aboud, Esq.
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