HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 249 - City's Witness ListIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Charlotte N. Sweeney
Case No. 21-cv-02063-CNS-SBP Date: September 22, 2023
Case Title: City of Fort Collins v. Open International, LLC and Open Investments, LLC
CITY OF FORTS COLLINS’S FINAL WITNESS LIST
WITNESS & DATE1
(MAY / WILL)
PROPOSED LENGTH OF TESTIMONY
Travis Storin (Will Call) – 10/24/23 Direct: 2.0 Cross: Total:
Colman Keane (May Call Remotely)2 –
10/24/23
Direct: 1.5 Cross: Total:
Mike Beckstead (Will Call) –10/25/23 Direct: 1.25 Cross: Total:
Hernando Parrott3 (Will Call) – 10/25/23 Direct: 2.5 Cross: Total:
Lisa Rosintoski – (Will Call) 10/26/23 Direct: 3.0 Cross: Total:
Juan Corredor (Will Call) – 10/26/23-
10/27/23
Direct: 2.0 Cross: Total:
Mona Walder (Will Call) – 10/27/23 Direct: 1.5 Cross: Total:
Diego Lopez (Will Call) – 10/27/23-
10/30/23
Direct: 1.0 Cross: Total:
Michelle Frey (Will Call Remotely)4 –
10/27/23
Direct: 1.5 Cross: Total:
1 The dates and times listed by the City are the City’s current and best estimates aimed at an efficient trial. These
estimates, however, may change based on resolution of whether Open will go beyond the scope of direct and present
each witness once, as set forth in footnote 3, below. The City reserves the right to revise its witness list as necessary.
2 Due to Mr. Keane living out-of-state and not having been employed by the City for over two years, the City has
requested his testimony to be via remote means, as further submitted in its Motion at Docket No. 248.
3 Related to footnote 1, above, the City intends to call Mr. Parrott, Mr. Juan Corredor, and Mr. Diego Lopez (and may
also call Mr. William Corredor)—all of whom are Open’s Rule 30(b)(6) corporate representatives and listed as “will
calls” who “will be present at trial” by Open—during its case-in-chief. The City indicated to Open that it would
consent to Open exceeding the scope of the City’s direct examination so that each witness need only be called once.
Open, however, has taken the position that it will not make its witnesses available live during the City’s presentation
(except for Mr. William Corredor who the City understands will be the corporate representative). Instead, Open has
indicated that it intends to make them available only in its case-in-chief, and that the City can only question the
witnesses after Open. If the City does not agree, Open contends that the City must resort to presenting those witnesses
via depositions during the City’s case, while Open will present them live and in-person during its case. The parties
intend to raise this matter further in trial briefs due on September 27, 2023.
4 Due to Dr. Frey’s medical condition and living out -of-state, the parties have agreed to have her appear remotely,
subject to the Court’s discretion.
Case No. 1:21-cv-02063-CNS-SBP Document 249 filed 09/22/23 USDC Colorado pg 1 of 3
Greg Galluzzi (Will Call) – 10/30/23 Direct: 1.0 Cross: Total:
Dwayne Bishop (Will Call via
Deposition) – 10/31/23
Direct: 2.5 Cross: Total:
Aaron McClune (Will Call) – 10/31/23 Direct: 1.0 Cross: Total:
Jon Brock (Will Call) – 10/31/23 Direct: 2.5 Cross: Total:
Gerry Paul (Will Call) Direct: 1.0 Cross: Total:
Ron Seigneur (Will Call) – 10/30/235 Direct: 1.5 Cross: Total:
Edith Mercado (May Call via Deposition) Direct: 1.5 Cross: Total:
Coy Althoff (May Call) Direct: 1.0 Cross: Total:
William Corredor (May Call) Direct: 1.5 Cross: Total:
Brad Ward (May Call) Direct: 1.0 Cross: Total:
Respectfully submitted this 22nd day of September, 2023.
DORSEY & WHITNEY LLP
s/ Case Collard
Case Collard
Andrea Ahn Wechter
Maral J. Shoaei
1400 Wewatta Street, Suite 400
Denver, Colorado 80202-5549
Telephone: (303) 629-3400
Fax: (303) 629-3450
E-mail: collard.case@dorsey.com
E-mail: wechter.andrea@dorsey.com
E-mail: shoaei.maral@dorsey.com
Attorneys for Plaintiff City of Fort Collins
5 Mr. Seigneur has a prior commitment in Minnesota on November 1 st. He is, however, available through Noon MT
on October 31st and again, on November 2nd.
Case No. 1:21-cv-02063-CNS-SBP Document 249 filed 09/22/23 USDC Colorado pg 2 of 3
CERTIFICATE OF SERVICE
I hereby certify that on September 22, 2023 I caused the foregoing document to be
electronically filed via CM/ECF system which will send notification of such filing to all counsel
of record.
s/ Stacy Starr
DORSEY & WHITNEY LLP
Case No. 1:21-cv-02063-CNS-SBP Document 249 filed 09/22/23 USDC Colorado pg 3 of 3