Chytka v. Wright Tree Service, Inc.

Filing 445

ORDER: STRIKING 435 , 436 , and 441 . That pursuant to the extant Order [#367] entered February 18, 2014, the plaintiff MAY CALL only herself as a witness at trial. That all relevant orders, including, but not necessarily limited to, the Final Pretrial Order 331 , are AMENDED to the limited extent necessary to facilitate and implement this Order, but are otherwise ratified and continued in full force and effect. By Judge Robert E. Blackburn on 9/2/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 11-cv-00968-REB-KLM
KATHLEEN CHYTKA,
Plaintiff,
v.
WRIGHT TREE SERVICE, INC.,
Defendant.

ORDER RE: WITNESS AND EXHIBIT LISTS
Blackburn, J.
The matter is before the court sua sponte for the entry of an order regulating the
witnesses and exhibits that may be presented at trial.
Concerning witnesses and exhibits, the chronology of relevant events taken from
CM/ECF is as follows. On November 14, 2013, the Final Pretrial Order [#331] was
entered. As required, the prospective witnesses of the plaintiff were identified in [#3311], and the prospective witnesses of the defendant were identified in [#331-2].
Subsequently, on February 18, 2014, an Order [#367] was entered, which order
provided in relevant part:
IT IS HEREBY ORDERED that Plaintiff may not present any witnesses
other than herself at trial.
IT IS FURTHER ORDERED that Plaintiff may not present any exhibits at
trial other than those already listed in the Final Pretrial Order.
Order [#367] at 3.
On August 21, 2014, defendant filed Defendant’s Amended Trial Witness List

[#435], and plaintiff filed Plaintiffs [sic] Witnesses [sic] List For General Public jury
trial [#436]. On August 25, 2014, plaintiff filed Plaintiffs [sic] Witnesses [sic] List For
General Public jury trial and I will add others as Needed Revised [#441].
The amended witness lists filed by plaintiff [#436] and [#441] and by defendant
[#435] are quintessentially spurious amendments to the Final Pretrial Order without
antecedent judicial approval. Therefore, those lists should be stricken.
Additionally, plaintiff remains subject to the Order [#367] entered February 18,
2014. Thus, at trial plaintiff may call only herself as a witness.
Concerning exhibits that may be offered at trial, the Parties’ Joint Exhibit List
[#331-3] was attached as Exhibit C to the Final Pretrial Order. additionally, the Final
Pretrial Order required relevantly as follows:
Copies of listed exhibits must be provided to opposing counsel and any
pro se party no later than 30 days before trial. The objections
contemplated by Fed. R. Civ. P. 26(a)(3) shall be filed with the clerk and
served by hand delivery or facsimile no later than 14 days after the
exhibits are provided.
Pretrial Order [#331] at 6, ¶ 7. Thus, pending stipulation of the parties approved by the
court or pending further order of the court, only those exhibits listed in the Parties’
Joint Exhibit List [#331-3] and only those objections to exhibits filed as required by the
Final Pretrial Order will be considered by the court.1
THEREFORE, IT IS ORDERED as follows:
1. That Defendant’s Amended Trial Witness List [#435], Plaintiffs [sic]

1

On August 8, 2014, defendant filed Defendant’s Objections to Plaintiff’s Trial Exhibits [#423].
The plaintiff has not filed objections to defendant’s proposed trial exhibits.

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Witnesses [sic] List For General Public jury trial [#436], and Plaintiffs [sic]
Witnesses [sic] List For General Public jury trial and I will add others as Needed
Revised [#441] are STRICKEN;
2. That pending stipulation of the parties approved by the court or pending
further order of the court, only those exhibits listed in the Parties’ Joint Exhibit List
[#331-3] and only those objections to exhibits filed as required by the Final Pretrial
Order WILL BE CONSIDERED by the court; and
3. That pursuant to the extant Order [#367] entered February 18, 2014, the
plaintiff MAY CALL only herself as a witness at trial; and
4. That all relevant orders, including, but not necessarily limited to, the Final
Pretrial Order [#331], are AMENDED to the limited extent necessary to facilitate and
implement this Order, but are otherwise ratified and continued in full force and effect.
Dated September 2, 2014, at Denver, Colorado.
BY THE COURT:

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