EEOC v. Jetstream Ground Services, Inc.

Filing 254

ORDER Regarding Witness Appearances at Trial During Plaintiffs' Case-In-Chief. Defendant is HEREBY ORDERED to make Ms. Feliciano, Mr. Norris, and Mr. Austin (who, as Defendant's Representative, should be in attendance for the entire trial in any case) available for live testimony during Plaintiffs' case-in-chief. By Judge Christine M. Arguello on 04/07/2016. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-02340-CMA-KMT
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
SAFIA ABDULLE ALI,
SAHRA BASHI ABDIRAHMAN,
HANA BOKKU,
SADIYO HASSAN JAMA, and
SAIDA WARSAME, a/k/a AMINO WARSAME,
Plaintiff Intervenors,
v.
JETSTREAM GROUND SERVICES, INC.,
Defendant.

ORDER REGARDING WITNESS APPEARANCES AT TRIAL
DURING PLAINTIFFS’ CASE-IN-CHIEF

From a telephone conversation between Chambers staff and counsel for
Plaintiffs and Defendant, the Court has learned that the parties are requesting a status
conference to resolve a dispute pertaining to witness appearances for the trial in this
matter, which is set to begin April 11, 2016.
During this telephone conversation, Defendant’s counsel indicated that
Defendant is refusing to make at least two witnesses, Maria Feliciano and David Norris,
available for live testimony during the Plaintiffs’ case-in-chief (though Defendant’s

counsel noted that Defendant would make these witnesses available for live testimony
during its own case-in-chief). Additionally, it is unclear whether Defendant will make
Frank Austin available for live testimony during Plaintiffs’ case-in-chief. Ms. Feliciano,
Mr. Norris, and Mr. Austin appear on the Final Pretrial Order as “will-call” witnesses for
both Plaintiffs and Defendant. (Doc. # 246 at 19–21, 23.)
At the Final Trial Preparation Conference (FTPC), the Court made it clear that it
does not allow live witnesses to be recalled and that, if witnesses are listed on the willcall witness lists of both sides, the witness will be called in Plaintiffs’ case and that
both sides will do their full direct and cross examination such that each witness is fully
examined when he or she is first called to the stand. (Doc. # 248 at 40:10-17.) Indeed,
at the FTPC, Defendant’s counsel specifically asked Plaintiffs to provide “some
sequence . . . as to who they’re intending to call at some period of time, so we can
schedule them in here.” (Id. at 45:15-19.) This dispute apparently arose when Plaintiffs
attempted to provide this proposed sequence to Defendant.
Given the Court’s explicit instruction about this issue at the FTPC, a status
conference is not necessary to resolve this dispute. Accordingly, Defendant is HEREBY
ORDERED to make Ms. Feliciano, Mr. Norris, and Mr. Austin (who, as Defendant’s
Representative, should be in attendance for the entire trial in any case) available for live
testimony during Plaintiffs’ case-in-chief.
DATED: April 7, 2016

BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge
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