Carbajal v. St. Anthony Central Hospital et al

Filing 340

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 7/1/15. Motion for Leave to Take Videotaped Preservation Depositions of Out-of-State Witnesses Gregory J. Englund and Marci L. Hansue # 337 is GRANTED.(lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02257-REB-KLM
DEAN CARBAJAL,
Plaintiff,
v.
ST. ANTHONY CENTRAL HOSPITAL, a corporation,
CENTURA HEALTH, a corporation,
STEPHAN M. SWAN, Physician Assistant, in his official and individual capacities,
GREGORY J. ENGLUND, Registered Nurse, in his official and individual capacities,
MARCI L. HANSUE, Registered Nurse, in her official and individual capacities,
MICHAEL O’NEILL, Police Officer for the Denver Police Department, in his official and
individual capacities,
JAY LOPEZ, Police Officer for the Denver Police Department, in his official and individual
capacities,
LARRY BLACK, Police Officer for the Denver Police Department, in his official and
individual capacities, and
APEX, a corporation,
Defendants.
_____________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Denver Defendants’ Motion for Leave to
Take Videotaped Preservation Depositions of Out-of-State Witnesses Gregory J.
Englund and Marci L. Hansue [#337] (the “Motion”). The Denver Defendants seek leave
to either (1) take videotaped preservation depositions of former defendants Gregory J.
Englund (“Englund”) and Marci L. Hansue (“Hansue”) for use at trial, or (2) allow these
witnesses to testify at trial via contemporaneous transmission pursuant to Fed. R. Civ. P.
43(a). Fed. R. Civ. P. 43(a) states, in relevant part, that “For good cause in compelling
circumstances and with appropriate safeguards, the court may permit testimony in open
court by contemporaneous transmission from a different location.” Mr. Englund now lives
in New Hampshire and Ms. Hansue now lives in Arizona. Each is therefore outside of the
100-mile radius of Denver within which Fed. R. Civ. P. 45(c)(1)(A) allows persons to be
subpoenaed to testify at trial. Neither is willing to travel to Colorado to testify at trial.
However, both have indicated that they would be willing to appear by videoconference in
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order to provide testimony at trial.
IT IS HEREBY ORDERED that the Motion [#337] is GRANTED to the extent that the
Defendant Defendants seek to allow Mr. Englund and Ms. Hansue to testify at trial via
contemporaneous transmission pursuant to Fed. R. Civ. P. 43(a).
IT IS FURTHER ORDERED that the Denver Defendants shall arrange for a notary
public to be present for the examination of Mr. Englund and Ms. Hansue at their locations
in order to identify, swear the witnesses, and affirm that no one else is physically present
during the examination who would influence the witnesses’ testimony.
IT IS FURTHER ORDERED that the Denver Defendants shall ensure that identical
copies of the exhibits presented at trial by both Defendants and Plaintiff shall be made
available to Mr. Englund and Ms. Hansue during their testimony.

Dated: July 1, 2015

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