Nikkel v. Wakefield & Associates, Inc.

Filing 73

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 2/25/2013. The court GRANTS IN PART AND DENIES IN PART 69 Motion to Strike. FTR: Robin Mason. (cbscd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action:10-cv-02411-PAB-CBS
Date: February 25, 2013

FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Robin Mason

Parties:

Counsel:

ROSEMARY NIKKEL,

Tracey Nelson Tiedman

Plaintiff,

v.
WAKEFIELD & ASSOCIATES, INC.,

Steven J. Wienczkowski
Joseph J. Lico

Defendant.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in Session:
1:29 p.m.
Court calls case. Appearances of counsel.
The court addresses the parties regarding the plaintiff’s MOTION to Strike #67 Exhibit List, #68
Witness List and Motion for Sanctions (Docket No. 69, filed on 2/12/2013) and the defendant’s
RESPONSE to #69 MOTION to Strike #67 Exhibit List, #68 Witness List and Motion for Sanctions
(Docket No. 72, filed on 2/22/2013).
Ms. Tiedman presents oral argument and engages in discussion with the court.
Mr. Wienczkowski presents oral argument and engages in discussion with the court.
Further discussion between the court and the parties.
For reasons as stated on the record,
ORDERED: The court shall GRANT IN PART AND DENY IN PART the plaintiff's MOTION
to Strike #67 Exhibit List, #68 Witness List and Motion for Sanctions (Docket No.

69, filed on 2/12/2013).
The court denies the motion to the extent that it seeks to strike the amended proposed witness list
and to the extent that it seeks to strike the two (2) new exhibits. The court grants the motion to the
extent that it seeks sanctions for a violation. Therefore the court shall impose the following as a
sanction: plaintiff’s counsel may reopen discovery to either question Mr. Turner or a Wakefield
witness with respect to either of the two new exhibits. Plaintiff’s counsel has the right to reopen
discovery for this purpose. Depositions shall be reopened, at the defendant’s expense, and shall be
completed on or before March 18, 2013.
HEARING CONCLUDED.
Court in recess:
Total time in court:

2:59 p.m.
01:30

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303)
825-6119 or toll free at 1-800-962-3345.