Free Motion for Leave - District Court of Colorado - Colorado

Case 1:04-cv-01002-MSK-CBS

Document 238

Filed 06/26/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 04-cv -1002- MK-CBS : Donja Vaughn, : Plaintiff v. Simms Rhea et al. Defendants : : : :

PLAINTIFF'S REVISED MOTION FOR LEAVE TO TAKE TESTIMONY BY PHONE AT TRIAL 1. The case arose in Montezuma County, a 7-hour drive from

Denver, and may of the witnesses reside there. 2. Plaintiff is incarcerated, has a herniated disc at L5-S1 which

according to Dr. Richard Krebs, D.O. has resulted in a 30% permanent partial disability, has no income has few if any assets, and does not have the financial ability to pay for certain witnesses to come to Denver to testify at the July 10, 2006 trial. 3. Plaintiff sought agreement to authenticity and admissibility

of certain documents at a conference with defense counsel but defense counsel would agree to authenticity of certain documents but not admissibility. The Records witnesses will merely authenticate documents. 4. The documents in question are numerous e-mails, letters,

memos, phone records and court filing which indicate a conspiracy among Defendant Rhea, Margaret Krehbiel and state actors to deny Plaintiff and her Veterinarian access to Edes and Elgin and remove them

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Case 1:04-cv-01002-MSK-CBS

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to Tennessee in violation if court orders without notice or a hearing and refuse to return them upon request. 5. Defense counsel insist Plaintiff bring in records custodians

for Jennifer Kowalski, D.V.D. and the Montezuma County D.A., though the authenticity of those records cannot reasonably be disputed. 6. Plaintiff will call Margaret Krehbiel, who is in California, and

Shelley Rodriguez. Her purpose will be to authenticate many records, received after a subpoena was served upon the District Attorney of Montezuma County, and not received until January, 2006, after the discovery deadline. All those exhibits were served on defense counsel in February 2006 and were also reviewed by defense counsel on June 1, 2006. Some of those records were unavailable for the deposition of Shelly Rodriguez yet are important because she can identify them. 7. The records custodians will appear merely to authenticate

documents. All these witnesses reside more than 100 miles from the courthouse and are beyond the subpoena power of the court. WHEREFORE, Plaintiff seeks relief as per the attached order. Date: June 26, 2006 s/J. Michael Considine, Jr. J. Michael Considine, Jr. 12 East Barnard Street, Suite 100 West Chester, PA (610) 431-3288 Counsel for Plaintiff CERTIFICATE

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On June 16 and June 26, 2006, I called counsel for Defendants Shoun, Stevenson and Rhea (Defendants Conner and Olt have settled) to see if they would concur with the relief sought in Plaintiff's Motion for Leave to Take Testimony by Phone at Trial. I left phone messages in detail requesting concurrence. Counsel for Defendants Shoun and Stevenson did not say she would oppose or agree to the relief sought, but stated she needed time to speak to counsel for Defendant Rhea before she would decide whether to oppose the relief sought. The two calls to counsel for Defendant Rhea was not answered although I left a message for him to call me, a second time on June 26, 2006. Neither counsel would concur. I have made a reasonable effort to obtain concurrence with success. Date: June 26, 2006 s/J. Michael Considine, Jr. J. Michael Considine, Jr. CERTIFICATE OF SERVICE I, Sharon Vaughn, hereby certify that I sent a true and correct copy of PLAINTIFF'S REVISED MOTION FOR LEAVE TO TAKE TESTIMONY BY PHONE AT TRIAL to the following counsel of record by first class mail postage prepaid on the date indicated below: Kathleen L. Spalding, Asst. Attorney General, State Services Building, 1525 Sherman Street, 5th Floor, Denver, CO 80202 and Jack B. Robinson, Spies, Powers & Robinson, P.C., 1660 Lincoln Street, Suite 2220, Denver, CO 80264 Date: June 26, 2006 s/J. Michael Considine, Jr. J. Michael Considine, Jr.

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Case 1:04-cv-01002-MSK-CBS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 04-cv -1002- MK-CBS : Donja Vaughn, : Plaintiff v. Simms Rhea et al. Defendants : : : : ORDER AND NOW, this _________ day of _________________________, 2006, upon consideration of PLAINTIFF'S REVISED MOTION FOR LEAVE TO TAKE TESTIMONY BY PHONE AT TRIAL and the response thereto said motion is GRANTED. Plaintiff may take the testimony of Margaret Krehbiel, Shelley Rodriguez, William Conner, and the Records Custodians for Jennifer Kowalski and the Montgomery County District Attorney by phone at trial. IT IS SO ORDERED. BY THE COURT: ______________________________ Marcia S. Kreiger, U.S.D.C.

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