Xcentric Ventures, LLC, et al., v. Richeson

Filing 19

ORDER denying defendant's 17 Motion to Appear by Telephone to the preliminary hearing. Signed by Judge Neil V Wake on 09/17/10.(ESL)

Download PDF
Xcentric Ventures, LLC, et al., v. Richeson Doc. 19 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 XCentric Ventures, LLC, an Arizona) limited corporation, and Jaburg & Wilk,) ) P.C., a professional corporation, ) ) Plaintiff, ) ) vs. ) ) ) Shawn Richeson, ) ) Defendant. ) ) No. CV-10-01931-PHX-NVW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Before the Court is Defendant's Motion to Appear by Telephone (Doc. 17) and the Response (Doc. 18). The Court generally allows out-of-state counsel and parties to appear by telephone in non-evidentiary proceedings. However, witnesses are not permitted to testify or offer evidence by telephone absent justifying circumstances. The cost and time of travel are rarely sufficient justification. No circumstances are presented in this case that would justify telephone testimony in the preliminary injunction hearing. Possible issues of credibility and the practicalities of presenting evidence require live presence of witnesses. Because Defendant does not receive electronic notice of the Court's orders, Plaintiff's counsel is directed to notify Defendant of this order immediately. IT IS ORDERED that Defendant's Motion to Appear by Telephone (Doc. 17) is denied to the preliminary injunction hearing. DATED this 17th day of September, 2010. Dockets.Justia.com

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?