Ceres Protein, LLC et al v. Thompson Mechanical & Design et al
Filing
189
MEMORANDUM OPINION AND ORDER signed by Senior Judge Thomas B. Russell on 5/11/17; granting in part and denying in part 184 Motion to Exclude cc: Counsel(DJT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
CIVIL ACTION NO. 3:14-CV-00491-TBR-LLK
CERES PROTEIN, LLC, et al.,
Plaintiffs/Counterclaim Defendants,
v.
THOMPSON MECHANICAL &
DESIGN, et al.,
Defendants/Counterclaimants.
MEMORANDUM OPINION AND ORDER
In anticipation of the approaching trial in this action, Barry and Robert
Thompson, along with their Ohio partnership Thompson Mechanical & Design, have
moved to sequester any persons listed on Ceres Protein, LLC and Roger Shannon’s
witness list. For the following reasons, the Thompsons’ Motion to Sequester, [R. 184], is
GRANTED IN PART and DENIED IN PART.
Pursuant to Federal Rule of Evidence 615, this Court must, upon a party’s request,
“order witnesses excluded so that they cannot hear other witnesses’ testimony.” Fed. R.
Evid. 615. Of course, the Rule is subject to a handful of exceptions, such as when the
witness is “a party who is a natural person” or “an officer . . . of a party that is not a
natural person, after being designated as the party’s representative by its attorney.” Fed.
R. Evid. 615(a)–(b); see also Roberts ex rel. Johnson v. Galen of Va., Inc., 325 F.3d 776,
784 (6th Cir. 2003) (discussing exceptions). Where no exception applies, however, the
plain language makes sequestration “a matter of right rather than a matter of judicial
discretion.” William L. Comer Family Equity Pure Tr. v. C.I.R., 958 F.2d 136, 140 (6th
Cir. 1992).
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In accordance with the Rule, the Court will sequester those persons listed on
Ceres Protein, LLC and Roger Shannon’s witness list. [See R. 160 (Witness List).]
However, the Court will not sequester Roger Shannon, who is a party to this action. See
Fed. R. Evid. 615(a). Likewise, the Court will not sequester Ceres Protein, LLC’s
designated representative. See Fed. R. Evid. 615(b).
IT IS HEREBY ORDERED that the Thompsons’ Motion to Sequester, [R. 184],
is GRANTED IN PART and DENIED IN PART.
IT IS SO ORDERED.
Date:
cc:
May 11, 2017
Counsel of Record
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