BASSETT LAW FIRM
ATTORNEYS AT LAW P.O. Box 3618 FAYETTEVILLE, ARKANSAS 72702-3618
January 29, 2003
Hon. Jimm L. Hendren Chief Judge
United Sates District Court Western District of Arkansas
P.O. Box 3487
Fayttevil1e, AR 72702
Dear Judge Hendren:
This case is set for trial during the week beginning May 12, 2003. In the Court's Scheduling Order, the discovery cutoff date was established as January 20, 2003. There is presently pending before the Court Plaintiff's Motion requesting permission of the Court to amend his Complaint again. The Defendant has filed a Response in opposition to the Plaintiff's pending Motion.
The purpose of this letter is to request on behalf of the Defendant that the discovery cutoff date be extended from January 20, 2003 to March 10, 2003 so that counsel for the Defendant may depose the Plaintiff, John La Tour. I have spoken with Mr. La Tour to let him know that I want to take his I deposition and we both agreed the proper thing to do was to advise the Court accordingly and ask for this extension. If the extension to complete discovery is granted, it will have any bearing on the trial date as both parties are fully committed to that date and will be ready to try the case then if it becomes necessary to do so. It is the belief of counsel for the Defendant that there is very little evidence, if any, to be produced at a trial of this case, which has not already been presented to the Court in previous hearings in this matter.
To the best of my knowledge, the only remaining deposition to be taken is that of Mr. La Tour and it will be a very short one. Thank you for your consideration.
Sincerely,
BASSETT LAW FIRM
Woody Bassett WB/ld
CC: Mr. John La Tour /
112 Center Street, Suite 560
Fayetteville, AR 72701
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION
JOHN S. LA TOUR PLAINTIFF
VS. Case No. 02-5001
CITY OF FAYETTEVILLE, ARKANSAS DEFENDANT
ORDER
Now on this 3 day of February, 2003, comes on for consideration defendant's letter request to be allowed to take the deposition of plaintiff on March 10, 2003, after the discovery cut-off in this matter. It is represented to the Court that this deposition will not in any way affect the scheduled trial date of this case, and the request is well- taken in this case, inasmuch as procedural delays have plagued it from the beginning. Defendant is hereby granted leave to depose plaintiff on or before March 10, 2003. No other deadline in the Scheduling Order is extended by this Order.
JIMM LARRY HENDREN