Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 663

Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Doc. 663

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

TERRY GODDARD Attorney General Rachel M. Bacalzo, Bar No. 016117 William A. Richards, Bar No. 013381 Assistant Attorneys General 1275 West Washington Phoenix, Arizona 85007-2997 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Luz Hellman, Plaintiff, v. Sheldon Weisberg and the State of Arizona, Defendants. . No. CV 06-1465-PHX-FJM MOTION TO FILE SECOND SUPPLEMENTAL EXHIBIT TO DEFENDANTS' RULE 37 MOTION FOR BAR ON EVIDENCE IN SUPPORT OF EMOTIONAL DAMAGES CLAIM, AND FOR DISMISSAL OF PLAINTIFF'S EMOTIONAL DAMAGES CLAIM - AND REQUEST FOR EXPEDITED RULING (Assigned to The Honorable Frederick J. Martone) Defendants, by and through undersigned counsel, hereby request leave to file an additional exhibit to support their Motion for Bar on Evidence in Support of Emotional Damages Claim, and For Dismissal of Plaintiff's Emotional Damages Claim ("Rule 37 Motion"). The exhibit consists of deposition testimony Defendants obtained during the June 21, 2007 deposition of Plaintiff's physician, John J. Wells, M.D., taken after Defendants had filed their Reply in support of their Rule 37 Motion. Plaintiff disclosed

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dr. Wells as an individual who provided her treatment relevant to her claim for "intense emotional distress." [Exhibits 1 and 4 to Defendants' Rule 37 Motion] Plaintiff refused to provide her medical records or medical releases until it was too late for Defendants to obtain relevant medical records and obtain expert witness testimony and an independent medical examination to test and rebut Plaintiff's "intense emotional distress" claim. Plaintiff argued in her opposition to Defendants' Rule 37 Motion that Defendants were not prejudiced by Plaintiff's failure to produce her records or releases because "Defendants will consequently have the opportunity to fully investigate Ms. Hellman's medical condition" by deposing Plaintiff's treating physicians. [Response at p. 3] Dr. Wells admitted he did not even evaluate Plaintiff's mental or psychological state: Q. Okay. Did you, at any time during your care and treatment of Ms. Hellman, evaluate her mental state? A. No. Q. At any time during your care and treatment of Ms. Hellman, did you evaluate her psychological state? A. No. [John J. Wells, M.D. Deposition, p. 36 lines 21-25; p. 37, line 1, copies attached hereto as Exhibit A.] Defendants request that the Court consider this additional testimony as additional support for Defendants' position that they are prejudiced by Plaintiff's conduct in discovery. Defendants request an expedited ruling on this motion. A proposed Order has been submitted for the Court's convenience. RESPECTFULLY SUBMITTED this 26th day of June, 2007. TERRY GODDARD Attorney General s/Rachel M. Bacalzo William A. Richards Assistant Attorneys General Attorneys for Defendants

I certify that I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

transmittal of a Notice of Electronic Filing to the following, if CM/ECF registrants, and mailed a copy of same to any non-registrants, this 26th_day of June, 2006 to: Stephen Montoya Montoya Jimenez, PA 3200 North Central, Suite 2550 Phoenix, AZ 85012 Attorneys for Plaintiff

s/Bonnie McMurray Secretary to Rachel M. Bacalzo

#18568

3