Opinion
19-CV-610 (RWL)
03-10-2022
JOSH WEBBER, et al., Plaintiffs, v. DAMON ANTHONY DASH, et al., Defendants.
ORDER
ROBERT W. LEHRBURGER, UNITED STATES MAGISTRATE JUDGE
This order resolves the issue concerning whether Brian White may be a witness at trial. See Dkts. 249-250.
Plaintiff's application is granted. Brian White shall be added to the witness list. Brian White was disclosed as a witness with knowledge on whom Plaintiffs may rely in their initial disclosures dated April 14, 2019. Defendants also were aware of Brian White's involvement as evidenced by Defendant Dash's deposition testimony in November 2019, as well as Dash's own social media postings in January 2019. Defendants literally have had years to depose Brian White if they had wanted to.
As Plaintiffs have added Brian White to the witness list since the parties' joint submission, Defendants shall have the opportunity to identify additional exhibits, if any, to be added to their exhibit list. Defendants must identify to Plaintiff any such exhibits no later than March 14, 2022, and the parties shall jointly file an amended exhibit list no later than March 16, 2022.
SO ORDERED.
Copies transmitted this date to all counsel of record.