Johnson v. Department of Public Works et al

Filing 85

COURTROOM MINUTES for Motion Hearing held on 12/9/2015 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Defendants' Motion to Strike Charlie Brown's Trial Testimony and Declaration (ECF #64) or, in the Alternative, for Leave to Depose Charlie Brown 76 is GRANTED. Charlie Brown's testimony will be excluded for all purposes from this case pursuant to F.R.C.P. 37. The Amended Declaration of Charlie Brown 64 is STRICKEN. FTR: KMT C201. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Courtroom Deputy:

14-cv-02095-PAB-KMT
Sabrina Grimm

Date: December 9, 2015
FTR: Courtroom C-201

Parties:

Counsel:

ERIC JOHNSON,

Joseph Cohen

Plaintiff,
v.
DEPARTMENT OF PUBLIC WORKS, SOLID WASTE
MANAGEMENT,
CITY AND COUNTY OF DENVER, a municipal
corporation,
KATHY BILLINGS, individually and in her
representative capacity,
MIKE LUTZ individually,
LARS WILLIAMS, individually,
CHARLOTTE PITT, individually, and
RICHARD VILLA, individually,

Kristen Merrick
Frank Nachman

Defendants.

COURTROOM MINUTES

MOTION HEARING
1:44 p.m.

Court in session.

Court calls case. Appearances of counsel. Plaintiff’s counsel is 15 minutes late for the hearing
without explanation.
Court states a response was not filed to Defendants’ Motion to Strike Charlie Brown’s Trial
Testimony and Declaration (ECF #64) or, in the Alternative, for Leave to Depose Charlie Brown
[76]. Mr. Cohen informs the Court that he thought there was a response filed and offered the
court a hard copy of a response. Upon questioning, Defendants state they received a response in
hard copy from plaintiff’s counsel at the beginning of the hearing. The court refused the
response as not being timely filed. Plaintiff is allowed argument to oppose the motion.

Discussion and argument regarding the untimely disclosure of Charlie Brown and relevancy of
Charlie Brown’s testimony.
ORDERED: Defendants’ Motion to Strike Charlie Brown’s Trial Testimony and
Declaration (ECF #64) or, in the Alternative, for Leave to Depose Charlie
Brown [76] is GRANTED. Charlie Brown’s testimony will be excluded for
all purposes from this case pursuant to F.R.C.P. 37. The Amended
Declaration of Charlie Brown [64] is STRICKEN.
2:09 p.m.

Court in recess.

Hearing concluded.
Total in-court time 00:25
*To obtain a transcript of this proceeding, please contact Stevens-Koenig Reporting at 303-988-8470.

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