Tenorio v. Pitzer, Civ. 12-01295JCH-KBM (2019)
Court: District Court, D. New Mexico
Number: infdco20190214e98
Visitors: 13
Filed: Feb. 13, 2019
Latest Update: Feb. 13, 2019
Summary: ORDER JUDITH C. HERRERA , District Judge . 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.
Summary: ORDER JUDITH C. HERRERA , District Judge . 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. ..
More
ORDER
JUDITH C. HERRERA, District Judge.
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 3-7 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.
Source: Leagle
