Free Motion to Clarify - District Court of Colorado - Colorado

Case 1:01-cv-02089-MSK-CBS

Document 234

Filed 04/13/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-2089-MSK-CBS DEAN A. BRAMLET, M.D., Plaintiff, v. ASPEN VALLEY HOSPITAL DISTRICT, Defendant. _____________________________________________________________________ PLAINTIFF'S UNOPPOSED MOTION FOR CLARIFICATION OF COURT'S ORDER DATED MARCH 30, 2006 _____________________________________________________________________ COMES NOW Plaintiff, by and through his attorney, Sander N. Karp of Leavenworth & Karp, P.C., and respectfully requests clarification of the Court's Order of March 30, 2006: 1. CERTIFICATION: The undersigned contacted counsel for the Defendant

Colleen Rea regarding this Motion, and is authorized to represent to the Court that counsel for the Defendant has no objection to the Motion. 2. The Court's Order of March 30, 2006 set an evidentiary hearing on the

Amended Joint Motion Under Rule 702 Re: Expert Laura Voigt. 3. The Amended Motion included a joint request that Ms. Voigt be permitted to

appear by telephone. Amended Joint Motion Under Fed. R. Evid. 702 Re: Expert Laura Voigt, p. 2. 4. The Court's Order of March 30, 2006, did not specify whether the Court will

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Case 1:01-cv-02089-MSK-CBS

Document 234

Filed 04/13/2006

Page 2 of 2

permit Ms. Voigt to testify by telephone. 5. The parties believe that telephone testimony should be allowed to save

expenses for this out-of-state expert. The issue involved is rather narrow and probably will require only minimal testimony by the expert. WHEREFORE, Plaintiff requests that the Court enter the attached Order permitting Ms. Voigt to testify via telephone at the Rule 702 hearing on May 11, 2006 at 11 a.m. Respectfully submitted, LEAVENWORTH & KARP, P.C.

By:

s/Sander N. Karp Sander N. Karp 201 14th Street, Suite 200 Glenwood Springs, Colorado 81601 Tel. 970.945.2261 [email protected] Attorneys for Plaintiff

CERTIFICATE OF SERVICE I hereby certify that on the 13th day of April, 2006, I electronically filed the foregoing PLAINTIFF'S UNOPPOSED MOTION FOR CLARIFICATION OF COURT'S ORDER DATED MARCH 30, 2006 with the Clerk of Court through CM/ECF system which will send notification of such filing to the following e-mail addresses: Colleen Rea at [email protected]

s/ Sander N. Karp

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