Tenorio v. Pitzer, et al

Filing 241

MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera: IT IS ORDERED that Defendants' Motion to Exclude Witness Tony Valdez as a Trial Witness for Plaintiff's Failure to Disclose Him as a Witness in the Pretrial Order 234 is DENIED. (mjr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RUSSELL TENORIO,
Plaintiff,
v.

No. Civ. 12-01295 JCH-KBM
Consolidated with
No. Civ. 13-00574 JCH-KBM

BRIAN PITZER,
and THE CITY OF ALBUQUERQUE,
Defendants.
ORDER
This matter comes before the Court on Defendants’ Motion to Exclude Witness Tony
Valdez as a Trial Witness for Plaintiff’s Failure to Disclose Him as a Witness in the Pretrial Order
(ECF No. 234). Plaintiff admits that he failed to list Mr. Valdez in the Pretrial Order, which he
asserts was an error. Plaintiff, however, identified Mr. Valdez as a witness in his interrogatory
answers and Defendants deposed Mr. Valdez on May 9, 2013. See Pl.’s Ex. 1, ECF No. 236 at 37 of 7. Because Defendants have not shown prejudice from the failure to include Tony Valdez in
the Pretrial Order, the Court will not bar his testimony at trial for failure to list him as a witness in
the Pretrial Order.
IT IS THEREFORE ORDERED that Defendants’ Motion to Exclude Witness Tony
Valdez as a Trial Witness for Plaintiff’s Failure to Disclose Him as a Witness in the Pretrial Order
(ECF No. 234) is DENIED.
____________________________________
UNITED STATES DISTRICT JUDGE