Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01185-WDM-PAC

Document 36-6

Filed 12/01/2005

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PLAINTIFF'S EXHIBIT 5

Case 1:04-cv-01185-WDM-PAC

Document 36-6

Filed 12/01/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-1185-WDM-PAC GREG FELDMAN, Plaintiff, v. JOBSON PUBLISHING, LLC., a Delaware limited liability company, POSTGRADUATE INSTITUTE FOR MEDICINE, Inc., a member of the Jobson Education Group, a Delaware corporation, INTERNATIONAL CENTER FOR POSTGRADUATE MEDICAL EDUCATION, a member of the Jobson Education Group, a Delaware corporation Defendants.

DECLARATION OF JULIE M. SCHMIDT IN SUPPORT OF PLAINTIFF'S REPLY TO DEFENDANTS' RESPONSE TO PLAINTIFF'S EXPEDITED MOTION TO EXTEND DEADLINE FOR AMENDING COMPLAINT TO INCLUDE PROPER DEFENDANTS OR IN THE ALTERNATIVE, TO SHORTEN DEFENDANTS' TIME TO RESPOND TO PLAINTIFF'S 30(B)(6) NOTICE OF DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS

Julie M. Schmidt, counsel for Plaintiff Greg Feldman, deposes and says: 1. I am a student attorney at the University of Denver Sturm College of Law

Student Law Office, and I represent the Plaintiff, Greg Feldman, in the above-captioned matter. I entered my appearance in this case on October 4, 2005. 2. On November 16, 2005, a telephone conference took place between

defense counsel, Thomas Lyons, and Laura Rovner, Ari Krichiver, and myself as Plaintiff's counsel. During that telephone call, I raised the issue of scheduling a 30(b)(6) Deposition as suggested by this Court at the Scheduling Conference on November 15. -1-

Case 1:04-cv-01185-WDM-PAC

Document 36-6

Filed 12/01/2005

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I asked Mr. Lyons if there was a date and time amenable to his clients. Mr. Lyons refused to discuss scheduling of the deposition at that time. He further stated that we should send him the Notice of 30(b)(6) Deposition before discussing scheduling of the deposition. 3. Cognizant of the deadline set by this Court of December 6, 2005, in which

to name the proper party defendant(s), I sent Notice of the 30(b)(6) Deposition to Defendants with a date selected of December 1, 2005. The cover letter which accompanied the Notice expressly indicated to Defendants that, although we had indicated a date, we were amenable to changing that date if Defendants' designee(s) were unavailable but that time was of the essence given the court's deadline. 4. Plaintiff's counsel made several attempts to resolve this matter, between

November 21 and November 30, through written and oral communication, to Defendants' counsel. However, Defendants' counsel refused to provide any information to substantiate its position that XJP, LLC is the only proper defendant in this matter until November 30, 2005, in the late afternoon. Additionally, Defendants' counsel at no time prior to November 28, indicated in any way that the December 1 date for the 30(b)(6) deposition was not convenient for counsel or their clients. I swear, under penalty of perjury, the foregoing is true and correct. s/ Julie Schmidt
Julie Schmidt, Student Attorney STUDENT LAW OFFICE University of Denver Sturm College of Law 2255 E. Evans Ave., Suite 335 Denver, CO 80208 Tel: 303.871.6140 Fax: 303.871.6847 Student Attorney for Plaintiff Greg Feldman

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