Free Witness List - District Court of Colorado - Colorado

Case 1:03-cv-02474-WYD-PAC

Document 92

Filed 09/13/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-D-2474 (PAC) CHARLOTTE SCHNEIDER and DEAN WYMER, Plaintiffs, v. LANDVEST CORPORATION, a Kansas corporation, and DAVID MASON, individually, Defendants. DEFENDANTS' FINAL WITNESS LIST

COMES NOW Defendants, by and through their counsel of record, and hereby identifies the following trial witnesses: 1. Witnesses who counsel expects to be present at trial (see Fed. R. Civ. P. 26(a)(3)(A)); a. Charlotte Schneider Plaintiff Contact through Plaintiffs' Counsel Ms. Schneider has knowledge and/or information regarding the allegations contained in Plaintiffs' Complaint and Plaintiffs' employment with Landvest Corporation. Ms. Schneider is expected to testify in person. b. Dean Wymer Plaintiff Contact through Plaintiffs' Counsel Mr. Wymer has knowledge and/or information regarding the allegations contained in Plaintiffs' Complaint and Plaintiffs' employment with Landvest Corporation. Mr. Wymer is expected to testify in person.

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c.

David Mason Landvest Corporation 9103 East 37th Street North Wichita, KS 67226 (316) 634-6510 Mr. Mason has knowledge and/or information regarding the allegations contained in Plaintiffs'Complaint (and any defenses thereto), Plaintiffs' employment with Landvest Corporation, and the policies and practices of Landvest Corporation. Mr. Mason will testify in person.

d.

Neil Murray 3160 Austin Bluffs Colorado Springs, CO 80917 (719) 536-0522 *Contact through counsel. employee.

Former regional manager, management

Mr. Murray has knowledge and/or information regarding the allegations contained in Plaintiffs' Complaint, and Plaintiffs' employment with Landvest Corporation, including training of Plaintiffs and other managers. Mr. Murray is expected to testify in person. e. Judith Shaw 121 Old Broadmoor Road Colorado Springs, CO 80906 (719) 632-1156 Ms. Shaw has knowledge of working conditions, employment practices and working hours at Landvest. Ms. Shaw is expected to testify in person. f. Richard Shaw 121 Old Broadmoor Road Colorado Springs, CO 80906 (719) 632-1156 Mr. Shaw has knowledge of working conditions, employment practices and working hours at Landvest. Mr. Shaw is expected to testify in person. g. Paul Stevens 9750 W. Jewell Ave. Lakewood, CO 80232 (303) 914-9495 Mr. Stevens has knowledge of working conditions, employment practices and working hours at Landvest. Mr. Stevens is expected to testify in person.

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h.

Sara Stevens 9750 W. Jewell Ave. Lakewood, CO 80232 (303) 914-9495 Ms. Stevens has knowledge of working conditions, employment practices and working hours at Landvest. Ms. Stevens is expected to testify in person.

i.

Alice Beck 613 Rosemont Dr. Colorado Springs, CO 80911 (719) 447-1889 Ms. Beck has knowledge of working conditions, employment practices and working hours at Landvest. Ms. Beck is expected testify in person.

j.

Derald Beck 613 Rosemont Dr. Colorado Springs, CO 80911 (719) 447-1889 Mr. Beck has knowledge of working conditions, employment practices and working hours at Landvest. Mr. Beck is expected to testify in person.

k.

Jeff Etter 9103 East 37th Street North Wichita, KS 67226 (316) 634-6510 *Contact through counsel. Management-level employee. Mr. Etter has knowledge and/or information regarding the allegations contained in Plaintiffs'Complaint (and any defenses thereto), Plaintiffs' employment with Landvest Corporation, and the pay policies and practices of Landvest Corporation. Mr. Etter will testify in person.

l.

Diane Fisher 2025 S. Holly Denver, CO 80222 (313) 426-1887 Ms. Fisher has knowledge of working conditions, employment practices and working hours at Landvest. Ms. Fisher is expected to testify in person.

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m.

Warren Fisher 2025 S. Holly Denver, CO 80222 (313) 426-1887 Mr. Fisher has knowledge of working conditions, employment practices and working hours at Landvest. Mr. Fisher is expected to testify in person.

n.

Judi French 1216 Croke Dr. Thornton, CO 80260 (303) 429-7020 Ms. French has knowledge of working conditions, employment practices and working hours at Landvest. Ms. French is expected to testify in person.

2.

Witnesses who may be present at trial if the need arises (see Fed. R. Civ. P. 26(a)(3)(A)); a. Marshall Millsap 9103 East 37th Street North Wichita, KS 67226 (316) 634-6510 *Contact through counsel. Management-level employee. Mr. Millsap has knowledge and/or information regarding the allegations contained in Plaintiffs' Complaint (and any defenses thereto) and Plaintiffs' employment with Landvest Corporation. Mr. Millsap will testify in person. b. Earl Adolphson 11068 Tim Tam Way Parker, CO 80138 (303) 690-9224 Mr. Adolphson has knowledge of working conditions, employment practices and working hours at Landvest. Mr. Adolphson may testify in person. c. Louise Adolphson 11068 Tim Tam Way Parker, CO 80138 (303) 690-9224 Ms. Adolphson has knowledge of working conditions, employment practices and working hours at Landvest. Ms. Adolphson may testify in person.

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d.

Stan French 1216 Croke Dr. Thornton, CO 80260 (303) 429-7020 Mr. French has knowledge of working conditions, employment practices and working hours at Landvest. Mr. French may testify in person.

e.

Stephen Paolini 7065 Pike Court Arvada, CO 80007 (303) 422-1440 Mr. Paolini has knowledge of working conditions, employment practices and working hours at Landvest. Mr. Paolini may testify in person.

f.

Jeanne Rivers 3760 E. Pikes Peak Colorado Springs, CO 80909 (719) 573-9330 Ms. Rivers has knowledge of working conditions, employment practices and working hours at Landvest. Ms. Rivers may testify in person.

g.

Otis Rivers 3760 E. Pikes Peak Colorado Springs, CO 80909 (719) 573-9330 Mr. Rivers has knowledge of working conditions, employment practices and working hours at Landvest. Mr. Rivers may testify in person.

h.

John Cramer 1033 18th Avenue Greeley, CO 80631 Mr. Cramer has knowledge and/or information regarding the allegations contained in Plaintiffs'Compliant (and any defenses thereto); Plaintiffs' employment with Landvest Corporation; and the working conditions, employment practices and working hours at Landvest. Mr. Cramer may testify in person.

Defendants reserve the right to supplement its witness list upon Plaintiffs' filing of their witness list.

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3.

Witnesses where testimony is expected to be presented by means of a deposition and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony. See Fed. R. Civ. P. 26(a)(3)(B): In the event Louise Adolphson, John Cramer or Neil Murray cannot be served with a subpoena, Defendant may present testimony of these witnesses by deposition.

4.

No expert witnesses are anticipated to be called.

Respectfully submitted this 13th day of September, 2005.

KUTAK ROCK LLP By: s/ Stacia G. Boden Alan L. Rupe, KS Bar # 08914 Stacia G. Boden, KS Bar # 20295 8301 East 21st Street North, Suite 370 Wichita, Kansas 67206-2295 Telephone: (316) 609-7900 Facsimile: (316) 630-8021 Heather Davis, CO Bar #30056 Mark C. Willis, CO Bar #31025 1801 California Street, Suite 3100 Denver, Colorado 80202 Telephone: (303) 297-2400 Facsimile: (303) 292-7799 ATTORNEYS FOR DEFENDANTS

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CERTIFICATE OF SERVICE I hereby certify that on this 13th day of September, 2005, I electronically filed the foregoing DEFENDANTS' FINAL WITNESS LIST with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: Donna Dell' Olio CORNISH AND DELL' OLIO 431 North Cascade Avenue, Suite 1 Colorado Springs, CO 80903 Phone: (719) 475-1204 Facsimile: (719) 475-1264 [email protected] Attorney for Plaintiffs s/ Stacia G. Boden 9/13/2005 Stacia G. Boden KUTAK ROCK LLP [email protected]

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