Huckels v. Safeway Inc.

MOTION for Leave to Have Certain Witnesses Appear at September 20 Hearing Telephonically or

D. Colo.September 11, 2018

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:16-cv-00595-MJW TIFFANI HUCKELS Plaintiff, v. SAFEWAY INC. Defendant. DEFENDANT’S MOTION FOR LEAVE TO HAVE CERTAIN WITNESSES APPEAR AT SEPTEMBER 20 HEARING TELEPHONICALLY OR BY VIDEOCONFERENCING Defendant Safeway Inc. (“Defendant” or “Safeway”), by and through undersigned counsel, hereby requests that certain medical doctors and related witnesses be allowed to appear and testify by telephone and/or a videoconferencing software (i.e., Skype®) during the upcoming hearing on Defendant’s Emergency Motion for Terminating Discovery Sanctions, which is scheduled to be heard at the hearing set for September 20 and 21, 2018 (“Hearing”). In support thereof, Defendant states as follows: CERTIFICATE OF COMPLIANCE Pursuant to D.C.COLO.LCivR 7.1, counsel for Safeway certifies that it has conferred with Plaintiff regarding the relief sought in this Motion. In response, Plaintiff’s counsel responded with one word (“Objection”) and did not articulate a basis for his opposition to the relief sought herein. Case 1:16-cv-00595-NRN Document 212 Filed 09/11/18 USDC Colorado Page 1 of 5 2 1. F.R.C.P. 43(a) provides “[f]or good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.” 2. Many of the events at issue in the upcoming Hearing involve third-party medical physicians, medical facilities and medical companies located in Colorado Springs and Pueblo, Colorado. 3. The witnesses for which leave to appear telephonically is sought are as follows:  Dr. Anthony Ortegon, M.D., and Sally Prutch, Office Manager, from Adult Medicine Specialists, 314 W. 16th Street, Pueblo, Colorado.  Dr. Drew Werner, M.D., and Christina Roberts, Registered Medical Assistant, from HealthFit Family Medicine, 2356 Meadows Blvd., Suite 140B, Castle Rock, CO 80109  Dr. Mark Bodman, D.O., Dr. Jeffrey R. Kent, and Erika Bustamante, Medical Assistant, UCHealth Aspen Creek Medical Associates, 9480 Village Point, Suite 200, Colorado Springs, Colorado.  Brandy Millwood, H.I.M.C., Medical Records Coordinator, and nurses and medical staff members Ashley Impsen, Shondra Geonetta, Jo Barron, Ceresa Kennedy, Corina Quiroz, and Shannon Peters, Pueblo Care & Rehabilitation Center, 2611 Jones Ave, Pueblo, Colorado.  Custodian of Records of DaVita Medical Group, 2610 Tenderfoot Hill St, Colorado Springs, Colorado. Case 1:16-cv-00595-NRN Document 212 Filed 09/11/18 USDC Colorado Page 2 of 5 3  Custodian of Records of Omnicare, 4602 N. Elizabeth Street #190, Pueblo, CO 81008 4. Defense counsel estimates that each of these individuals’ testimony will be brief, in most instances less than 15 minutes. 5. Defendant is making this Motion at the request of the medical facilities. Each has represented that this litigation has already significantly interrupted their medical practices and that the cost and logistics to these third-party witnesses of closing their practices, rescheduling patients, and traveling from either Colorado Springs or Pueblo, Colorado, is unreasonable, and that telephonic appearance will reduce the significant burden imposed by the Hearing. 6. Plaintiff would not be prejudiced, as Plaintiff may still cross-examine these witnesses via telephone and the parties and Court may evaluate witness credibility via video Skype®. Further, Defendant will ensure that the witnesses will have copies of all exhibits for their testimony. 7. Defense counsel is willing and able to work with all witnesses and the courtroom staff to ensure a form of videoconferencing adequate for the needs of the Hearing. 8. Accordingly, Defendant respectfully requests each of these witnesses be permitted to attend and testify at the September 20-21, 2018 hearing via telephone. Dated this 11th day of September, 2018. Case 1:16-cv-00595-NRN Document 212 Filed 09/11/18 USDC Colorado Page 3 of 5 4 Respectfully submitted, GREENBERG TRAURIG, LLP s/ Lindsay N. Uhl Amber J. Münck, #39531 Lindsay N. Uhl, #48391 1200 17th Street, Suite 2400 Denver, CO 80202 (303) 572-6500 - Telephone (303) 572-6540 - Facsimile Muncka@gtlaw.com Uhll@gtlaw.com Attorneys for Defendant Safeway Inc. Case 1:16-cv-00595-NRN Document 212 Filed 09/11/18 USDC Colorado Page 4 of 5 5 CERTIFICATE OF SERVICE I hereby certify that on the 11th day of September, 2018, that a true and correct copy of the foregoing was filed with the Clerk of the Court via the CM/ECF filing system which will send notification to the following: Charles H. Torres, Esq. Michael A. Shumrick, Esq. CHARLES H. TORRES, P.C. 1888 Sherman Street, Suite 630 Denver, Colorado 80203 E-Mail: Chas303@aol.com Charlestorrespc@gmail.com michael.shumrick@gmail.com s/ Karen R. Loveland Karen R. Loveland SFO 596450217v2 Case 1:16-cv-00595-NRN Document 212 Filed 09/11/18 USDC Colorado Page 5 of 5