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- cod;;1:17-cv-01894_de104 RegisterActionDate "2020-10-20" @default.
- cod;;1:17-cv-01894_de104 RegisterActionDescriptionText "ORDER: This matter is before the Court on Defendant Owners Insurance Company's Partially Opposed Motion for Leave to Take the Preservation Deposition of Jon Sands and to Take the Testimony of Devin Hannon by Video Conference at Trial ("Motion") 94 . That portion of the Motion which seeks to take the testimony of Devin Hannon by video conference at trial is GRANTED for good cause shown. However, that portion of the Motion which seeks leave to take a preservation deposition of Jon Sands is DENIED because Defendant has failed to establish that Mr. Sands is an unavailable witness, such that admission of his deposition testimony is proper under Federal Rule of Civil Procedure 32(a)(4) and Federal Rule of Evidence 804(b)(1). See Angelo v. Armstrong World Indus., Inc., 11 F.3d 957, 963 (10th Cir. 1993) (witnesss busy schedule did not constitute exceptional circumstances justifying admission of deposition testimony at trial); Avalon Condo. Ass'n, Inc. v. Secura Ins., 2015 WL 5935614, at *1 (D. Colo. Oct. 13, 2015) (non-retained expert witnesss unavailability because of scheduled vacation insufficient to permit introduction of deposition testimony under Fed. R. Civ. P. 32(a)). SO ORDERED by Judge William J. Martinez on 10/20/2020. Text Only Entry (wjmlc2) (Entered: 10/20/2020)" @default.
- cod;;1:17-cv-01894_de104 AdministrativeID "105" @default.
- cod;;1:17-cv-01894_de104 OntologyLabel order @default.
- cod;;1:17-cv-01894_de104 hasReferenceToOtherEntry cod;;1:17-cv-01894_de93 @default.