FOURTH JUDICIAL DISTRICT COURT

COUNTY OF SAN MIGUEL

STATE OF NEW MEXICO

METRIS COMPANIES LLP

            Plaintiff,

                                                                        Case No.  2003-188-CV

v.

MARGARET EDWARDS,

            Defendant.

OBJECTION TO TELEPHONIC HEARING

            COMES NOW Margaret Edwards, Defendant, and states her objection to the telephonic hearing, requested by Plaintiff, for the following reasons:

            1.  Edwards is suffering from diminished hearing, due, in part, to chronic allergies and resultant congestion, adversely affecting her Eustachian tubes, middle and inner ear, and causing the condition known as Meniere’s Disease.  Thus, a hearing held via telephone would be a hardship and disadvantage for Edwards. 

            2.  Edwards is not unsympathetic to Counsel for the Plaintiff’s unfortunate medical condition, however, Plaintiff brought this action into court and must be held to the same standards as Defendant and given no preferential  treatment, pursuant to equal protection of the law, which must apply.

            3. Further, Edwards is in possession of written evidence, referenced in her Objection to Plaintiff’s Reply, filed October 24, 2003, in defense of her position, which a telephonic hearing would prevent her from submitting to the court, in violation of due process of law.

            4.   Still further, Edwards was not consulted, at any time, and in any manner,  regarding the request for a telephonic hearing and strenuously objects because such manner of hearing would deprive her of due process of law.     

            Wherefore, Defendant Edwards respectfully objects to the scheduling of a telephonic hearing for the aforementioned reasons.

                                                                        Respectfully submitted,

                                                                        All Rights Reserved

                                                                        ____________________________________

                                                                        Margaret D. Edwards

                                                                        C/o 739 Dalbey Drive

                                                                        Las Vegas, New Mexico [87701]

                                                                        Phone/Fax:  (505) 425-0659

CERTIFICATE OF SERVICE

            I certify that a true and correct copy of the foregoing Objection to Telephonic Hearing was sent first class, by U.S. Mail, postage prepaid, to Catherine Sanchez, Esquire, Post Office Box 37290, Albuquerque, New Mexico 87176-7290 this _____day of December, 2003.

_____________________________________

Margaret D. Edwards