Ulibarri et al v. Denver, Colorado, The City and County of et al

Filing 440

ORDER denying 437 Motion for Reconsideration without prejudice. by Senior Judge Ortrie D. Smith on 8/27/12.(odslc1, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
DEBBIE ULIBARRI, et al.,
Plaintiffs,
vs.
CITY & COUNTY OF DENVER, et al.,
Defendants.

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Case No. 07-CV-1814-ODS

ORDER DENYING MOTION FOR RECONSIDERATION WITHOUT PREJUDICE
On August 14, 2012, the Court granted Defendants’ Motion to Amend the
Witness List. In doing so, the Court indicated Plaintiffs had not opposed the motion.
The undersigned did not realize the Local Rules of this Court permitted parties twentyone days to respond to motions, so the Court’s ruling was issued before the time for
Plaintiffs to respond had expired. The Court apologizes for this error.
Under these circumstances, a Motion for Reconsideration would seem to be welltaken. However, Plaintiffs do not really offer any opposition to Defendants’ original
motion. Defendants sought to add two witnesses to the Witness List. Plaintiffs have no
objection to one (Lowell Pippinger). With respect to the other witness (Roxane
England), Plaintiffs do not raise an objection presently, but wish to reserve the right to
object until after they depose her on August 28. Significantly, Plaintiffs do not dispute
the Court’s prior observation that “the Record reflects that Plaintiffs have been aware of
these individuals and their connection to this dispute for quite some time,” nor do they
suggest any prejudice from adding Ms. England to the witness list.
Plaintiffs have not provided a reason to alter the Court’s determination. The
future possibility of an objection after the deposition will not suffice. If Plaintiffs
formulate an objection after deposing Ms. England, they are free to assert it then.
IT IS SO ORDERED.

DATE: August 27, 2012

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT