Estate of David Rance Rossiter et al v. Board of County Commissioners of Arapahoe County, Colorado et al

Filing 197

MINUTE ORDER. Plaintiffs Unopposed Motion for Leave to Take Videotaped Preservation Deposition of Kacey Smart 195 is GRANTED. The parties may conduct a preservation deposition of Kacey Smart on 10/27/2010.By Magistrate Judge Kristen L. Mix on 10/26/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-01661-LTB-KLM ESTATE OF DAVID RANCE ROSSITER, by Charles Rossiter and Erin Rossiter as CoPersonal Representatives, CHARLES ROSSITER, as Parent and Co-Personal Representative of the Estate of David Rance Rossiter, and ERIN ROSSITER, as Parent and Co-Personal Representative of the Estate of David Rance Rossiter, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, SHERIFF GRAYSON ROBINSON, in his individual and official capacity, and OFFICER DANIEL JOSEPH MONTANA, JR., in his individual capacity, Defendant(s). _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiffs' Unopposed Motion for Leave to Take Videotaped Preservation Deposition of Kacey Smart [Docket No. 195; Filed October 25, 2010] (the "Motion"). Although discovery is closed, "the discovery cut-off `does not prevent a party from memorializing a witness' testimony in order to offer it at trial,'" Estenfelder v. Gates Corp., 199 F.R.D. 351, 354 (D. Colo. 2001) (citation omitted), particularly in circumstances where the nonmoving party would not be prejudiced and no bad faith is present. Summers v. Mo. Pac. R.R. Sys., 132 F.3d 599, 604 (10th Cir. 1997). Accordingly, IT IS HEREBY ORDERED that the Motion is GRANTED. The parties may conduct a preservation deposition of Kacey Smart on October 27, 2010.

Dated: October 26, 2010