Riggan v. Glendale, Colorado, City of et al

Filing 82

ORDER Denying 62 Motion for Leave to Disclose Expert out of Time, and for Acceptance of Contemporaneously-Filed Disclosure, by Judge Richard P. Matsch on 11/8/2013.(rpmcd )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 12-cv-00763-RPM
RANDY LEE RIGGAN,
Plaintiff,
v.
OFFICER CHRIS TYROLT, in his official and individual capacity,
SERGEANT CRYSTAL JOHNSON, in her official and individual capacity, and
SERGEANT JIM BANG, in his official and individual capacity,
Defendants.
____________________________________________________________________________________
ORDER DENYING MOTION FOR LEAVE TO DISCLOSE EXPERT OUT OF TIME
____________________________________________________________________________________
On August 16, 2013, the plaintiff filed a Motion for Leave to Disclose Expert out of Time,
and for Acceptance of Contemporaneously-Filed Disclosure [62], the defendants’ responded on
September 9, 2013 [67], and the plaintiff replied on September 20, 2013 [69]. Upon review of the
deposition transcript of the proposed opinion witness, Michael Valdez, submitted on August 23, 2013
[66], the Court finds and concludes that he is a percipient witness to the events giving rise to this civil
action and has a personal friendship with the plaintiff. In this Court’s view, the opinions
of Michael Valdez cannot be admitted under FRE 702, and the motion is untimely. It is
ORDERED that the plaintiff’s motion is denied.
Dated: November 8th , 2013
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge