Fortner et al v. USA et al

Filing 474

ORDER. The 470 Order requiring the Marshal to serve the subpoena on Mr. Gorgey is vacated. Mr. Gorgey shall appear voluntarily at the hearing on 5/2/2012, either personally or by telephone and give testimony. By Magistrate Judge Boyd N. Boland on 4/26/12. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 06-cv-02148-BNB-MEH
DARRELL FORTNER, and
JENNIFER FORTNER, d/b/a Diamond/Dundee Tree Service,
Plaintiffs,
v.
THE CITY OF COLORADO SPRINGS,
MAYOR LIONEL RIVERA, individually and in his official capacity as Mayor of C/S,
KATHY YOUNG, individually and in her official capacity as City Clerk of C/S,
DARREL PEARSON, individually and in his official capacity as City Forrester of C/S,
JAMES A. CHOATE, in his individual capacity as Sergeant for El Paso County Sheriff’s Office,
TERRY MAKETA, in his individual capacity as Sheriff of El Paso County, Colorado, and
JAMES E. MCGANNON, individually and in his official capacity as City Forrester for the City
of Colorado Springs, CO,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
By an Order [Doc. # 470, filed 4/25/2012], I required the United States Marshal to make
service of a subpoena on Andrew C. Gorgey. Subsequently, I am informed that Mr. Gorgey
waives personal service of the subpoena and agrees to appear voluntarily at the hearing on
May 2, 2012, either personally or by telephone and give testimony.
IT IS ORDERED:
(1)

My Order [Doc. # 470] requiring the Marshal to serve the subpoena on Mr.

Gorgey is VACATED; and
(2)

Mr. Gorgey shall appear voluntarily at the hearing on May 2, 2012, either

personally or by telephone and give testimony.

Dated April 26, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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