Free Motion for Protective Order - District Court of Colorado - Colorado

Case 1:02-cv-01957-PSF-MEH

Document 89

Filed 12/20/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-1957-PSF-OES JOHN M. LONGO, Plaintiff, v. REGIS JESUIT HIGH SCHOOL CORPORATION d/b/a/ REGIS JESUIT HIGH SCHOOL, Defendant.

DEFENDANT'S MOTION FOR PROTECTIVE ORDER - ANDCERTIFICATE OF COMPLIANCE WITH FED. R. CIV. P. 26(c) AND D.C.COLO.LCivR 7.1A

Defendant Regis Jesuit High School Corporation ("Defendant" or "Regis"), through its attorneys, Campbell Bohn Killin Brittan & Ray, LLC, pursuant to Fed. R. Civ. P. 26(c), respectfully moves the Court for a protective order to preclude the deposition of Barbara Heit, noticed to take place on December 22, 2005. As grounds therefor, Regis states as follows: 1. At the Pretrial Conference held on November 30, 2005, Plaintiff's counsel

objected to Regis' listing of Barbara Heit as a may call witness on Defendant's Witness List. Based on Plaintiff's counsel's representation that she did not know who Barbara Heit was, Magistrate Judge Schlatter allowed Plaintiff thirty days to depose or interview Ms. Heit. Plaintiff's counsel's statement that she did not know the identity of Ms. Heit prior to that day was blatantly false.

Case 1:02-cv-01957-PSF-MEH

Document 89

Filed 12/20/2005

Page 2 of 3

2.

A subsequent review of Plaintiff's Rule 26(a)(1) Disclosures revealed that

Plaintiff listed Ms. Heit as a witness back on February 20, 2004. Plaintiff's counsel knew the identity of Ms. Heit almost two years ago. 3. Additionally, Plaintiff's counsel exchanged letters with Defendant's counsel

in and around April 2004 regarding her desire to depose Ms. Heit and the scheduling of that deposition. However, shortly thereafter, Plaintiff's counsel abandoned her efforts to depose Ms. Heit. 4. In short, at the inception of this case, Plaintiff's counsel knew the identity

of Ms. Heit, but consciously decided not to pursue any discovery concerning her. Plaintiff has no justification for now deposing Ms. Heit after the close of discovery. 5. Pursuant to Fed. R. Civ. P. 26(c) and D.C.COLO.LCivR 7.1A, on

December 8, 2005, Defendant's counsel sent correspondence to Plaintiff's counsel objecting to the deposition of Barbara Heit on the same grounds set forth herein. Then, later that same day, Plaintiff's counsel sent correspondence to Defendant's counsel stating that she intended to depose Ms. Heit and that Regis would have to file a motion for protective order if Regis objected to that deposition proceeding. Respectfully submitted this 20th day of December 2005. CAMPBELL BOHN KILLIN BRITTAN & RAY, LLC

By:

s/ Bret M. Heidemann Michael G. Bohn Bret M. Heidemann Elizabeth Beebe Volz 270 St. Paul Street, Suite 200 Denver, Colorado 80206 (303) 322-3400

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Case 1:02-cv-01957-PSF-MEH

Document 89

Filed 12/20/2005

Page 3 of 3

ATTORNEYS FOR REGIS JESUIT HIGH SCHOOL CORPORATION d/b/a REGIS JESUIT HIGH SCHOOL

CERTIFICATE OF SERVICE I hereby certify that on this 20th day of December 2005, I electronically filed the foregoing DEFENDANT'S MOTION FOR PROTECTIVE ORDER ­ AND ­ CERTIFICATE OF COMPLIANCE WITH FED. R. CIV. P. 26(c) AND D.C.COLO.LCivR 7.1A with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Laurie Scott Paddock, Esq. at [email protected]

s/ Cori Atteberry Cori Atteberry, Legal Assistant

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