IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 06-cv-02346-REB-MJW
ORDER FOR RESPONSE AND HEARING
This matter is before me on the plaintiff’s Motion for Temporary Restraining
Order and Preliminary Injunction [#2], filed November 22, 2006. I conclude that a
response from the defendant is necessary, and that a hearing on this motion also may
be necessary. Thus, a hearing is set for Thursday, November 30, 2006, at 1:30 p.m.
With the exception of David Fine, plaintiff’s co-counsel, the parties and their
counsel are located in Gunnison, Colorado. In view of the long distance between
Gunnison and Denver, I find that good cause exists to permit the parties and their
counsel to appear by telephone for the hearing on November 30, 2006. See FED. R.
CIV. P. 43(a) and (e). Any party or counsel who appears by telephone shall be
responsible to arrange, initiate, and finance the necessary telephone connection.
If either party seeks to present testimony at the hearing, such testimony also
may be presented by telephone. The oath required by Fed. R. Evid. 603 must be
Case 1:06-cv-02346-REB-GJR Document 4 Filed 11/27/2006 Page 1 of 3
Alarcon v. Partch
administered to any witness prior to his or her testimony. The party seeking to present
testimony by telephone must ensure that a person qualified to attest to the identity of
the witness and to administer the oath required by Rule 603 to the witness is present in
person with the witness to administer the oath. A notary public will be considered to be
a person qualified to serve this purpose. For the purpose of the November 30, 2006,
hearing, the court waives the requirements of REB Civ. Practice Standard II.H.1., which
otherwise governs requests to present testimony by telephone.
If counsel or any party seeks to appear at the hearing by telephone or to present
testimony by telephone, then couns