The URL can be used to link to this page

Home My WebLink About2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 262 - Minute OrderFrom:COD_ENotice@cod.uscourts.gov To:COD_ENotice@cod.uscourts.gov Subject:[EXTERNAL] Activity in Case 1:21-cv-02063-CNS-SBP City of Fort Collins v. Open International, LLC et al Date:Friday, October 6, 2023 3:32:39 PM This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. U.S. District Court - District of Colorado District of Colorado Notice of Electronic Filing The following transaction was entered on 10/6/2023 at 3:32 PM MDT and filed on 10/6/2023 Case Name:City of Fort Collins v. Open International, LLC et al Case Number:1:21-cv-02063-CNS-SBP Filer: Document Number:262(No document attached) Docket Text: MINUTE ORDER: The Court has reviewed the parties' competing emails to Chambers over the last few days regarding Open's Rule 30(b)(6) witnesses. First, the Court reminds counsel that the invitation extended at the September 29, 2023 trial preparation conference to email Chambers was limited to inquiries about minor issues seeking clarification only. Plaintiff's counsel has elected to essentially file a motion for clarification and/or reconsideration via email which is inappropriate. Counsel is cautioned against future similar conduct. Second, the Court is quite familiar with the meaning of "will call" witnesses and the notion that such a designation binds the party to produce that witness at trial. A party's designation of a witness as a "will call" witness, however, does not obligate that party to produce that witness at the time demanded by the other party. Thus, that Open has designated three of its Rule 30(b)(6) witnesses as will call does not require Open to produce them during the City's case-in-chief as demanded by the City. As has been explained, Open will call those witnesses during the second week of trial. Should the City wish to call those witnesses during week one, it shall do so via deposition designation. If Open believes cross-designations are appropriate to that testimony, it shall make them as well. Regardless, Open can, and presumably will, call those witnesses during the second week of trial and will conduct direct examinations. Should the City wish to defer calling those witnesses via deposition and conduct its examination during the second week when called by Open, it may do so. The Court has already indicated that it will not entertain a Rule 50 motion from Open until those witnesses have testified. No further clarification will be offered on this issue. Finally, the Court reminds the parties that it expects its rulings to be followed without additional argument and assume counsel will conduct themselves accordingly during the trial. By Judge Charlotte N. Sweeney on 10/6/2023. Text Only Entry (cnsja. ) 1:21-cv-02063-CNS-SBP Notice has been electronically mailed to: John R. Duval jduval@fcgov.com, bmccarten@fcgov.com, pbishop@fcgov.com, tschmitz@fcgov.com Nancy E. Rice nrice@jaginc.com Case L. Collard collard.case@dorsey.com, case-collard-0964@ecf.pacerpro.com, starr.stacy@dorsey.com Andrea Ahn Wechter wechter.andrea@dorsey.com, andrea-wechter- 9874@ecf.pacerpro.com, wells.wynter@dorsey.com Kevin Christopher McAdam kcmcadam@hollandhart.com, intaketeam@hollandhart.com, jdfrerker@hollandhart.com, wlmccann@hollandhart.com Paul Douglas Swanson pdswanson@hollandhart.com, atupler@hollandhart.com, intaketeam@hollandhart.com, mweaver@hollandhart.com, paul.d.swanson@gmail.com Maral Shoaei shoaei.maral@dorsey.com, maral-shoaei-7067@ecf.pacerpro.com, maral.shoaei@gmail.com, wells.wynter@dorsey.com Alexander D. White adwhite@hollandhart.com, bsproskey@hollandhart.com, intaketeam@hollandhart.com Hannah E. Armentrout hearmentrout@hollandhart.com, atupler@hollandhart.com, intaketeam@hollandhart.com Anna C. Van de Stouwe (Terminated) acvandestouwe@hollandhart.com, intaketeam@hollandhart.com, mamcmillen@hollandhart.com Alexandria E. Pierce aepierce@hollandhart.com, IntakeTeam@hollandhart.com, ajbarrett@hollandhart.com 1:21-cv-02063-CNS-SBP Notice has been mailed by the filer to: