Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Akkerman v. Montana State Fund

Court of Workers Compensation of Montana

March 23, 2005

CHRIS AKKERMAN Petitioner
v.
MONTANA STATE FUND Respondent/Insurer.

          Submitted: March 22, 2005

          ORDER DIRECTING PETITIONER TO APPEAR FOR DEPOSITION; TO SHOW CAUSE WHY HE SHOULD NOT BE ORDERED TO PAY EXPENSES FOR FAILED DEPOSITION; AND VACATING TRIAL

          MIKE McCARTER JUDGE

         Summary: Petitioner, who is representing himself, failed to keep the Court and respondent's counsel informed of his whereabouts and mailing address and failed to appear for an agreed upon deposition.

         Held: Parties representing themselves must keep the Court and other parties informed at all times of their mailing addresses. In light of petitioner's failure to do so in this case and his failure to appear at his deposition, he is ordered to provide his address to the Court, to appear and show cause why he should not be assessed for the respondent's expenses for his failed deposition, and to appear and be deposed.

         Topics:

Procedure: Service. A party representing himself or herself must at all times keep the Court and other parties informed of their mailing address so that he or she can be served with documents pertaining to the case. Failure to do so may result in dismissal of his or her petition or other appropriate relief.
Procedure: Pro Se. A party representing himself or herself must at all times keep the Court and other parties informed of their mailing address so that he or she can be served with documents pertaining to the case. Failure to do so may result in dismissal of his or her petition or other appropriate relief.

         ¶1 The petitioner in this case represents himself. At the time he filed his petition, he provided a Cut Bank, Montana address for service of papers and documents. Subsequently, he left the State of Montana and left no forwarding address. (December 15, 2004 File Memorandum of Clara Wilson, Deputy Clerk of Court.)

         ¶2 On December 15, 2004, following a failed attempt by respondent, Montana State Fund (State Fund), to serve a deposition notice on him, petitioner informed Court staff by telephone that he planned to return to Montana in late January or early February 2005, and would contact State Fund's counsel with his new address when he did return. (Id.) He said that meanwhile mail should be addressed to him at General Delivery, Great Falls, MT 59401. (Id.) He also provided his grandparents' phone number as a number where messages could be left for him. Based on that information, a new scheduling order issued, resetting the matter for trial during the week of March 28, 2005.

         ¶3 During the week of February 14, 2005, petitioner telephoned the State Fund's attorney, Mr. Thomas E. Martello, and informed him that he had returned to Montana and was available for a deposition in Billings. (Affidavit of Thomas E. Martello.) He left a phone number to contact him when the time and place of the deposition was set. (Id.)

         ¶4 Between February 14, 2005 and February 23, 2004, Ms. Barb King, a legal assistant to Mr. Martello, attempted to telephone the petitioner on numerous occasions at the number he left. (Affidavit of Barb King.) The purpose of the calls was to inform the petitioner that his deposition had been set for February 25, 2005, in Billings. (Id.) Ms. King failed to reach the petitioner. However, the phone was answered on at least one occasion by a woman, and Ms. King informed her of the details of the deposition. (Id.) Finally, on February 24, 2005, she was able to speak with the petitioner and informed him of the scheduled deposition and he replied that he would be there. (Id.)

         ¶5 On February 25, 2005, Mr. Martello traveled from Helena to Billings for the deposition. (Affidavit of Thomas Martello.) Petitioner failed to appear. (Id.) Mr. Martello and the State Fund incurred a $150 appearance fee for the court reporter, as well as unspecified travel and lodging expenses. (Brief in Support of Motion to Vacate Trial Setting and for Deposition Setting of Petitioner, with attachment.)

         ¶6 On March 2, 2005, Clara Wilson, this Court's Pretrial Hearing Examiner, had a conference call with petitioner and Mr. Martello. (Court File Memoranda of March 2, 2005.) Mr. Martello indicated his intent to file a motion to vacate the March 28, 2005 trial setting. (Id.) Petitioner agreed to provide a FAX number to Mr. Martello so he could FAX the motion to petitioner. (Id.) Petitioner further agreed to a further telephone conference to take place on March 4, 2005, to discuss a new trial date. (Id.)

         ¶7 On March 3, 2005, Mr. Martello filed a Motion to Vacate Trial Setting and for Deposition Setting of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.