Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:04-cv-01873-REB-OES

Document 64

Filed 10/10/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1873-REB-OES LEONARD A. TRUJILLO, Plaintiff, v. GARY M. HISE, UNKNOWN JOHN DOE SUPERVISORS I-IV of the Denver Police Department; UNKNOWN JOHN DOE TRAINING PERSONNEL I-IV of the Denver Police Department; GERALD WHITMAN, Chief of Police of the City and County of Denver, Colorado; and the CITY AND COUNTY OF DENVER, COLORADO, Defendants. _____________________________________________________________________ UNOPPOSED MOTION TO CORRECT PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION FOR A HEARING TO EXCLUDE TESTIMONY OF PLAINTIFF'S EXPERT WITNESSES _____________________________________________________________________ Plaintiff, through his attorney, Lonn M. Heymann, the Walter L. Gerash Law Firm, P.C., submits this Unopposed Motion To Correct Plaintiff's Response To Defendants' Motion For A Hearing To Exclude Testimony Of Plaintiff's Expert Witnesses, and in support states as follows: 1. In accordance with D.C.COLO.LCivR 7.1, Plaintiff's counsel certifies that he consulted with counsel for the defendants who do not oppose the granting of relief sought in this motion. 2. On September, 30, 2005, Plaintiff filed his timely Response To Defendants' Motion For A Hearing To Exclude Testimony Of Plaintiff's Expert Witnesses (Document 1

Case 1:04-cv-01873-REB-OES

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Filed 10/10/2005

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Number 62). 3. Due to technical problems in the office of Plaintiff's counsel, the abovereferenced response omitted two attachments, excerpts from the opposed experts' deposition transcripts. Plaintiff's Exhibit 3 and Plaintiff's Exhibit 7 were not attached to the electronic filing. 4. After consulting with the clerk of the court and counsel for the defendants, on October 5, 2005, Plaintiff submitted his Supplement to Response to Motion, with the deposition transcripts attached. Plaintiff submitted only depositions excerpts referred to in the timely filed response. 5. While submitting the supplemental filing, Plaintiff's counsel noted a citation error. The error is located on page 10, line 14, of Plaintiff's response. Rather than correctly citing to "Plaintiff's Exhibit 7, p. 28:4-6," Plaintiff's counsel inadvertently omitted the page number and cited to "Plaintiff's Exhibit 7, pp. 4-6." Review of pages 4 through 6 of Mr. Willard's deposition, in light of the text of the response, clearly indicates that the citation is incorrect. The argument in the response refers to page 28, lines 4 through 6. 6. Plaintiff requests that the Court permit a correction to the Response To

Defendants' Motion For A Hearing To Exclude Testimony Of Plaintiff's Expert Witnesses, as follows: a. By deeming page 10, line 14, to include a citation to "Plaintiff's Exhibit 7, p. 28:4-6" rather than "Plaintiff's Exhibit 7, pp. 4-6," and b. By permitting Plaintiff to submit the attached excerpted page of Roger L.

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Document 64

Filed 10/10/2005

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Willard's transcript, with the properly cited text. See Plaintiff's Exhibit 7c (attached to this motion). Wherefore, for the foregoing reasons, Plaintiff respectfully requests that the Court permit Plaintiff to correct Plaintiff's Response To Defendant's Motion For A Hearing To Exclude Testimony Of Plaintiff's Expert Witnesses, (1) deeming the citation on page 10, line 14, of Plaintiff's response to be "Plaintiff's Exhibit 7, p. 28:4-6" rather than "Plaintiff's Exhibit 7, pp. 4-6," and (2) adding the attached Plaintiff's Exhibit 7c to the exhibits for Plaintiff's response. Respectfully submitted this 10th day of October, 2005. s/ Lonn M. Heymann Lonn M. Heymann WALTER L. GERASH LAW FIRM, P.C 1439 Court Place, Denver CO 80202 PH: 303-825-5400; FAX: 303-623-2101 E-Mail: [email protected] Attorney for Plaintiff

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CERTIFICATE OF SERVICE I hereby certify that on October 10, 2005, I presented the foregoing UNOPPOSED MOTION TO CORRECT PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION FOR A HEARING TO EXCLUDE TESTIMONY OF PLAINTIFF'S EXPERT WITNESSES to the Clerk of the Court for filing and uploading to the CM/ECF system which will send notification of such filing to the following e-mail addresses: Luis A. Corchado, Esq. Christopher M.A. Lujan Assistant City Attorney Civil Litigation Division 201 West Colfax Ave., Dept. 1108 Denver, Colorado 80202-5332 Attorneys for Defendants David J. Bruno, Esq. Bruno Bruno & Colin, PC 1560 Broadway, Ste 1099 Denver, Colorado 80202 Co-counsel for Defendant Hise

s/ Marjorie Reinhardt

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