McKay et al v. Schwartz et al
COURTROOM MINUTES for Motion Hearing held on 7/17/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Defendants' Motion to Strike Stacey Elder as a Witness 59 is GRANTED. Stacey Elder shall not be permitted to testify due to a viol ation of Rule 26(a) and (e) and pursuant to Rule 37(c)(1). Her testimony is STRICKEN from all briefing associated with Defendants' Amended/Corrected Motion for Summary Judgment 64 and she may not be called as a witness at any trial in this matter. FTR: KMT C201. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Date: July 17, 2014
FTR: Courtroom C-201
TINA M. MCKAY,
BRANDON M. MCKAY,
HAILEY K. MCKAY,
M.M. (a minor), and
C.M. (a minor),
JOHN/JANE DOE, and
THE CITY OF FORT LUPTON, COLORADO, A
Colorado Municipal Corporation,
Court in session.
Court calls case. Appearances of counsel.
Also present, Plaintiffs David and Tina McKay.
Discussion and argument regarding the testimony and disclosure of Stacey Elder as a witness,
and potentially re-deposing prior witnesses based on Stacey Elder’s testimony.
Court states its findings with respect to Ms. Elder’s newly revised testimony at her deposition.
ORDERED: Defendants’ Motion to Strike Stacey Elder as a Witness  is GRANTED.
Stacey Elder shall not be permitted to testify due to a violation of Rule 26(a)
and (e) and pursuant to Rule 37(c)(1). Her testimony is STRICKEN from all
briefing associated with Defendants’ Amended/Corrected Motion for
Summary Judgment  and she may not be called as a witness at any trial
in this matter.
Court advises Plaintiffs they have fourteen days to file any objections to today’s ruling.
Court in recess.
Total in-court time 01:00
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.
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