White v. City and County of Denver et al

Filing 221

ORDER denying 215 and 217 Motions to Exclude Testimony of Dan Montgomery as Moot, by Judge Christine M. Arguello on 09/08/2015.(cthom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-01761-CMA-MJW
PHILIP WHITE,
Plaintiff,
v.
CITY AND COUNTY OF DENVER,
ROBERT WYCKOFF, in his individual and official capacity,
KYLLION CHAFIN, in his individual and official capacity,
CODE-3 PROTECTION & SECURITY LLC, and
DANIEL BURKE,
Defendants.
ORDER DENYING MOTIONS TO EXCLUDE TESTIMONY
OF DAN MONTGOMERY AS MOOT
On August 5, 2015, Defendants Kyllion Chafin and Robert Wyckoff filed a Motion
to Exclude Expert Testimony of Dan Montgomery (Doc. # 215) and on August 14, 2015,
Defendants Daniel Burke and Code-3 Protection & Security LLC filed a similar Motion to
Exclude Expert Testimony of Dan Montgomery (Doc. # 217). On August 31, 2015,
Plaintiff filed a Notice of Mootness Regarding Defendants’ Motions. (Doc. # 220.) In
the Notice, Plaintiff stated that he has “for reasons unrelated to the substance or merits
of Defendants’ objections, decided that he will not call Chief Montgomery as an expert
witness at trial, and Chief Montgomery will not be on Plaintiff’s final trial witness list
anywhere.” (Id.) Accordingly, the Court

DENIES the Motions to Exclude Expert Testimony of Dan Montgomery (Docs.
## 215; 217) AS MOOT.
DATED: September 8, 2015
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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