Free Motion for Leave to Appear - District Court of Colorado - Colorado

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

Document 242

Filed 04/25/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-2089-MJK-CBS DEAN A. BRAMLET, M.D., Plaintiff, v. ASPEN VALLEY HOSPITAL DISTRICT, Defendant. _____________________________________________________________________ PLAINTIFF'S UNOPPOSED MOTION TO ALLOW TELEPHONIC APPEARANCE OF PLAINTIFF AT FINAL TRIAL PREPARATION CONFERENCE _____________________________________________________________________ Plaintiff, Dean A. Bramlet, M.D., by and through his attorneys, Leavenworth & Karp, P.C., pursuant to MSK Civ. Practice Standard II, Part H, Section 1, respectfully requests the Court permit Plaintiff to appear telephonically at the Final Trial Preparation Conference scheduled for May 16, 2006, and, in support of this Motion, states as follows: Certification: Pursuant to D.C. Colo. L. Civ. R 7.1 and MSK Practice Standard V, Part B, Plaintiff's counsel conferred with Defense counsel regarding the contents of this motion. Defense counsel has no objection to same. 1. On March 29, 2004, the Court issued its Trial Preparation Order, which

requires, in part, the attendance of the Plaintiff, as well as his attorney, at the Final Trial Preparation Conference. Plaintiff's trial counsel, who resides in Carbondale, Colorado, will be appearing in person at this Conference.
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Case 1:01-cv-02089-MSK-CBS

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2.

Because Plaintiff resides in Florida, where he is employed as a cardiologist,

his physical appearance in Denver for the Conference will be costly and inconvenient. 3. Plaintiff has recently made a trip to Colorado to attend the settlement

conference. This occurred on March 17, 2006, at the offices of the Judicial Arbiters Group and lasted most of the day. 4. Pursuant to MSK Civ. Practice Standard II, Part H, Section 1, "A party may

request that remote testimony be presented at any trial or hearing." 5. Plaintiff requests to appear telephonically to avoid the costs and

inconvenience of rescheduling patients and speaking engagements and the added expenses of traveling to Denver prior to trial. 6. Plaintiff would be available by telephone to provide any testimony that might

be required. Plaintiff does not plan to refer to any documents or reports at the Hearing. 7. MSK Civ. Practice Standard II, Part H, Section 3, states the Court, in

considering whether to allow remote testimony shall consider: a) whether there is a statutory right to live or remote testimony; b) the cost savings to the party; c) the availability of appropriate equipment to permit the presentation of remote testimony; d) the availability of the witness to physically appear in court; e) the relative importance of the issues for which the testimony is offered; f) whether the credibility of the witness is at issue; g) whether the case is to be tried to the Court or a jury; and h) whether the ability to conduct cross-examination would be inhibited. 8. Here there is no expected testimony. Counsel is unaware of any statutory

right to either remote or live testimony at a Final Trial Preparation Conference. Remote

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appearance will result in tremendous cost-savings to Plaintiff, as he will be able to continue working and treating patients. As Plaintiff requests to appear by telephone, the necessary equipment is readily available, both in the Courthouse and at the Plaintiff's Florida location. Although Plaintiff is available to physically appear in Court, he is located a substantial distance from Denver. This Conference is to take place before the Court, not a jury. Considerations e, f and h are inapplicable to telephonic appearance at a Final Trial Preparation Conference. 9. In considering this Court's factors for determining whether remote presence

is appropriate, in this case Plaintiff's telephonic appearance at the Conference would result in cost-savings to the Plaintiff without prejudicing the Defendant. WHEREFORE Plaintiff respectfully requests this Court permit Plaintiff to appear telephonically at the Final Trial Preparation Conference on May 16, 2006.

LEAVENWORTH & KARP, P.C. Attorneys for Plaintiff By s/Sander N. Karp Sander N. Karp, Esq. 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Phone (970) 945-2261 Fax (970) 945-7336 [email protected] CERTIFICATE OF SERVICE I hereby certify that on the 25th day of April, 2006, I electronically filed the foregoing PLAINTIFF'S UNOPPOSED MOTION TO ALLOW TELEPHONIC APPEARANCE OF PLAINTIFF AT FINAL TRIAL PREPARATION CONFERENCE with the Clerk of Court through CM/ECF system which will send notification of such filing to the following e-mail address:
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Case 1:01-cv-02089-MSK-CBS

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Filed 04/25/2006

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Colleen Rea at [email protected]

s/Mary Lou Haflinger

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