Harper v. Tveter et al, No. 2:2013cv00889 - Document 137 (D. Utah 2015)

Court Description: MEMORANDUM DECISION and ORDER denying 136 Motion to Permit Taking of Testimony via Telephone. Signed by Judge Ted Stewart on 9/2/2015. (blh)

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Harper v. Tveter et al Doc. 137 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF’S RULE 43 MOTION TO PERMIT TAKING OF TESTIMONY VIA TELEPHONE TAYLOR HARPER, Plaintiff, v. MICHAEL TVETER, Case No. 2:13-CV-889 TS Defendant. District Judge Ted Stewart This matter is before the Court on Plaintiff’s Rule 43 Motion to Permit Taking of Testimony Via Telephone. In his Motion, Plaintiff seeks to allow the testimony of Christopher “Buck” Dominick, a previously undisclosed rebuttal witness, to be taken via telephone. Mr. Dominick was not disclosed under Rule 26, was not named in the Pretrial Order, and not listed on Plaintiff’s witness list.1 Moreover, his testimony has little relevance to the issues in this case and what relevance it does have is substantially outweighed by the prejudicial effect to Defendant were the Court to allow Mr. Dominick to testify. Therefore, the Court will deny Plaintiff’s Motion and will not permit Plaintiff to call Mr. Dominick as a witness, telephonically or otherwise. 1 Disclosure of Mr. Dominick may not be required under Fed. R. Civ. P. 26(a)(3)(A) to the extent that his testimony is sought “solely for impeachment” of Dr. Hamernik. However, because Mr. Hamernik has not yet testified, the Court cannot conclude that Mr. Dominick’s proposed testimony is “solely for impeachment.” 1 Dockets.Justia.com It is therefore ORDERED that Plaintiff’s Rule 43 Motion to Permit Taking of Testimony Via Telephone (Docket No. 136) is DENIED. DATED this 2nd day of September, 2015. BY THE COURT: Ted Stewart United States District Judge 2

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