Kirkbride v. Terex USA et al

Filing 182

MEMORANDUM DECISION AND ORDER granting 173 Motion for Clarification on Plaintiff's Witnesses. Signed by Magistrate Judge Evelyn J. Furse on 9/11/13 (alt)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
LARRY KIRKBRIDE,
Plaintiff,

MEMORANDUM DECISION AND
ORDER CLARIFYING RULING ON
PLAINTIFF’S WITNESSES
(ECF No. 173)

v.
Case No. 2:10–cv–660–TC–EJF
TEREX USA, LLC, TEREX
CORPORATION, and DOES 1
THROUGH 5,

District Judge Tena Campbell
Magistrate Judge Evelyn J. Furse

Defendants.

The Court clarifies its ruling on Plaintiff Larry Kirkbride’s witnesses (ECF No. 158) as
follows.
Defendant Terex USA, LLC (Terex) Objected to Mr. Kirkbride’s use of general
designations in his Rule 26(a)(3)(A)(i) Pretrial Witness Disclosures. (ECF No. 111.) In this
Court’s Order overruling in part and sustaining in part Terex’s objections (ECF No. 158), the
Court found Mr. Kirkbride’s general designations insufficient because they failed to provide
sufficient notice to the opposing party of witnesses he intended to call. Shortly after that Order,
Mr. Kirkbride amended his Rule 26(a)(3)(A)(i) disclosures to identify a specific representative of
the Utah Worker’s Compensation Fund, Deb Meyer, to testify to authenticity of documents. (See
ECF No. 136.) Because Mr. Kirkbride promptly amended his disclosures and Terex has not
raised a new ground for objection, the Court allows the modification to Mr. Kirkbride’s witness
list.

DATED this 11th day of September, 2013.
BY THE COURT:

________________________________
Evelyn J. Furse
United States Magistrate Judge