Opinion
2:22-cv-00022-JCM-VCF
08-09-2023
George Harris, Plaintiff, v. United States of America, Defendant.
BENJAMIN J. MILLER, ESQ. ATTORNEYS FOR PLAINTIFF JASON M. FRIERSON UNITED STATES ATTORNEY R. THOMAS COLONNA ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR THE UNITED STATES
BENJAMIN J. MILLER, ESQ. ATTORNEYS FOR PLAINTIFF
JASON M. FRIERSON UNITED STATES ATTORNEY R. THOMAS COLONNA ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR THE UNITED STATES
STIPULATION AND ORDER TO RESCHEDULE HEARING ON PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER (ECF NO. 20)
(First Request)
The United States respectfully requests that the court reschedule the hearing on Plaintiff's Motion for a Protective Order (ECF No. 20) set on August 21, 2023, at 2:00 p.m., as it conflicts with a pre-planned deposition of a non-party medical witness in this case that is scheduled at the same date and time as the hearing. See Ex. A, Plaintiff's Notice of Video Deposition. Plaintiff does not oppose this request.
This request is submitted in good faith and not for purposes of undue delay.
IT IS SO ORDERED:
IT IS HEREBY ORDERED that the hearing scheduled for August 21, 2023, is RESCHEDULED to an in person hearing at 10:00 AM, September 5, 2023, in Courtroom 3D.
EXHIBIT A
Plaintiff's Notice of Video Deposition
PLAINTIFF'S NOTICE OF VIDEO DEPOSITION TO MITCHELL HUMPRHEYS, MD
TO: MITCHELL HUMPHREYS, MD;
Mayo Clinic Legal Department
200 First Street SW
Rochester, MN 55905
YOU WILL PLEASE TAKE NOTICE that on the 21st day of August, 2023, at 2:00 p.m., Plaintiff will take the deposition of MITCHELL HUMPHREYS, MD. Said deposition will take place via video conference by appearing via web-based videoconferencing hosted by Oasis Reporting Services upon oral examination pursuant to FRCP 30, before an officer authorized by law to administer oaths. Participants may attend by appearing via web-based videoconferencing only.
The Deponent and Participants shall appear via remote video conference at the below link:
http://remotecounsel.com/meetings/JVktrIZQzU/join Password 131330
Dial-In: 646-568-7788
Meeting ID: 936-347-47362
PLEASE TAKE FURTHER NOTICE that pursuant to FRCP 30(b)(2), Plaintiff may record the deposition via video/audio and/or take the photograph of the deponent in addition to the stenographic record.
PLEASE TAKE FURTHER NOTICE that if the deposition is cancelled or continued at the request of the deponent/deponent's counsel less than seven (7) days before the date/time of the deposition as scheduled, the deponent/deponent's counsel will be responsible for payment of the cancellation fee for the court reporter and the interpreter, if one has been scheduled.
Dated this / day of August, 2023.
SIMON LAW
DANIALSSIMON, ESQ.
Nevada Bar No. 4750 BENJAMIN J. MILLER, ESQ. Nevada Bar No. 10406
ASHLEY M. FERREL, ESQ.
Nevada Bar No. 12207 810 S. Casino Center Blvd. Las Vegas, Nevada 89101 Attorneys for Plaintiff
CERTIFICATE OF MAILING
I hereby certify that on this 1st day of August, 2023, I served the above and foregoing PLAINTIFF'S NOTICE OF VIDEO DEPOSITION TO MITCHELL HUMPHREYS, MD by placing the original thereof in a sealed envelope, with first class postage fully prepaid thereon, and depositing same in the United States Mail at Las Vegas, Nevada, addressed as follows: JASON FRIERSON, ESQ. Acting United States Attorney District of Nevada R. THOMAS COLONNA, ESQ.)