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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action Number 03-CV-01793-EWB-BNB PATRICIA EMERSON, Plaintiff, VS.
WEMBLEY USA INC.;
WEMBLEY INC.;
ROBERT TY HOWARD in his personal capacity; and JEFFREY GOERGEN in his personal capacity, Defendants
NOTICE OF FILING
COMES NOW, Patricia Emerson, by and through her attorneys, Zupkus & Angell, P.C., and hereby submits this Notice Of Filing.
1. On February 9, 2006, Defendants Wembley submitted their Motion to Compel Answers To Deposition Questions By Witness Dan Bucci (“Motion To Compel”) to the U.S. District Court for the District of Rhode Island. In this Motion, Wembley requested that the Court compel Bucci to provide deposition testimony or, in the
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alternative, that the court transfer jurisdiction over the Motion to the District of Colorado.
2, Emerson filed her Response to Wembley’s Motion To Compel (“Emerson’s Response”) on February 27, 2006. Bucci also filed an Objection to Wembley’s Motion To Compel (“Bucci’s Objection”) on February 27, 2006.
3 The Motion To Compel was subsequently denied without prejudice. See Order, attached to Motion For Leave as Exhibit 5. In its Order denying the Motion To Compel, the Rhode Island District Court stated that, because Bucci is incarcerated in Massachusetts, any petition to compel Bucci to answer deposition questions must be filed with the District of Massachusetts.
4. Defendants Wembley submitted their Miscellaneous Petition For Leave To Take Deposition Of A Person Confined In Prison And To Compel Answers To Deposition Questions (“Motion For Leave”) with the District of Massachusetts on May 17, 2006.
5. On May 25, 2006, Emerson filed a Response to Wembley’s Miscellaneous Petition, which is attached hereto as Exhibit 1.
6. Emerson expects Bucci to also file a Response and Wembley to file a Reply before any decision is rendered. Emerson will inform this Court once the District of Massachusetts renders an opinion regarding this matter.
z Because Wembley has previously had the opportunity to depose Mr. Bucci and for other reasons discussed in Exhibit 1, Emerson does not believe that this case should
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be stayed pending the resolution of the Miscellaneous Petition. Instead, Emerson respectfully requests this Court to issue an Order regarding Wembleys’ Motion For Summary Judgment forthright.
Respectfully submitted this 31 day of May, 2006. s/ Melissa A. Clack Robert A. Zupkus Melissa A. Clack Zupkus & Angell, P.C.
The McCourt Mansion 555 East Eighth Avenue Denver, CO 80203 Telephone: (303) 894-8948 Email: rzupkus@zalaw.com melack@zalaw.com Attorneys for Defendants
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CERTIFICATE OF SERVICE
I hereby certify that on this 31 day of May, 2006, I sent the foregoing NOTICE OF FILING with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:
kmix@swlaw.com Kristen L. Mix, Esq.
Snell & Wilmer 1200 Seventeenth Street, Suite 1900 The Tabor Center Denver, CO 80202 Attorneys for Defendants Wembley Inc., Wembley USA and Robert Ty Howard dstacy@ducker.com David H. Stacey, Esq.
Ducker Montgomery & Aronstein, P.C.
1560 Broadway, Suite 1400 Denver, CO 80202-5151 Attorneys for Defendant Jeffrey Goergen Original Signature on File at Zupkus & Angell, P.C.
s/ Melissa A. Clack Zupkus & Angell, P.C.
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Case 1:03-cv-01793-EWN-BNB Document 131 Filed 05/31/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action Number 03-CV-01793-EWB-BNB
PATRICIA EMERSON,
Plaintiff,
VS.
WEMBLEY USA INC.;
WEMBLEY INC.;
ROBERT TY HOWARD in his personal capacity; and
JEFFREY GOERGEN in his personal capacity,
Defendants
NOTICE OF FILING
COMES NOW, Patricia Emerson, by and through her attorneys, Zupkus & Angell, P.C., and
hereby submits this Notice Of Filing.
1. On February 9, 2006, Defendants Wembley submitted their Motion to Compel
Answers To Deposition Questions By Witness Dan Bucci (“Motion To Compel”) to
the U.S. District Court for the District of Rhode Island. In this Motion, Wembley
requested that the Court compel Bucci to provide deposition testimony or, in the
PDF Page 3
Case 1:03-cv-01793-EWN-BNB Document 131 Filed 05/31/2006 Page 2 of 4
alternative, that the court transfer jurisdiction over the Motion to the District of
Colorado.
2, Emerson filed her Response to Wembley’s Motion To Compel (“Emerson’s
Response”) on February 27, 2006. Bucci also filed an Objection to Wembley’s
Motion To Compel (“Bucci’s Objection”) on February 27, 2006.
3 The Motion To Compel was subsequently denied without prejudice. See Order,
attached to Motion For Leave as Exhibit 5. In its Order denying the Motion To
Compel, the Rhode Island District Court stated that, because Bucci is incarcerated in
Massachusetts, any petition to compel Bucci to answer deposition questions must be
filed with the District of Massachusetts.
4. Defendants Wembley submitted their Miscellaneous Petition For Leave To Take
Deposition Of A Person Confined In Prison And To Compel Answers To Deposition
Questions (“Motion For Leave”) with the District of Massachusetts on May 17, 2006.
5. On May 25, 2006, Emerson filed a Response to Wembley’s Miscellaneous Petition,
which is attached hereto as Exhibit 1.
6. Emerson expects Bucci to also file a Response and Wembley to file a Reply before
any decision is rendered. Emerson will inform this Court once the District of
Massachusetts renders an opinion regarding this matter.
z Because Wembley has previously had the opportunity to depose Mr. Bucci and for
other reasons discussed in Exhibit 1, Emerson does not believe that this case should
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Case 1:03-cv-01793-EWN-BNB Document 131 Filed 05/31/2006 Page 3 of 4
be stayed pending the resolution of the Miscellaneous Petition. Instead, Emerson
respectfully requests this Court to issue an Order regarding Wembleys’ Motion For
Summary Judgment forthright.
Respectfully submitted this 31 day of May, 2006.
s/ Melissa A. Clack
Robert A. Zupkus
Melissa A. Clack
Zupkus & Angell, P.C.
The McCourt Mansion
555 East Eighth Avenue
Denver, CO 80203
Telephone: (303) 894-8948
Email: rzupkus@zalaw.com
melack@zalaw.com
Attorneys for Defendants
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Case 1:03-cv-01793-EWN-BNB Document 131 Filed 05/31/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on this 31 day of May, 2006, I sent the foregoing NOTICE OF
FILING with the Clerk of Court using the CM/ECF system which will send notification of such
filing to the following e-mail addresses:
kmix@swlaw.com
Kristen L. Mix, Esq.
Snell & Wilmer
1200 Seventeenth Street, Suite 1900
The Tabor Center
Denver, CO 80202
Attorneys for Defendants Wembley Inc., Wembley USA and Robert Ty Howard
dstacy@ducker.com
David H. Stacey, Esq.
Ducker Montgomery & Aronstein, P.C.
1560 Broadway, Suite 1400
Denver, CO 80202-5151
Attorneys for Defendant Jeffrey Goergen
Original Signature on File at Zupkus &
Angell, P.C.
s/ Melissa A. Clack
Zupkus & Angell, P.C.
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