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MICR presently does not anticipate retaining or specially- <br /> employing any other Nitnesses be%ond (1) the foregoing and (2) <br /> those enumerated in its October 7, 1997 disclosure statement. <br /> With regard,o each of the October 7, 1991/ disclosure statement <br /> witnesses. none is an expert"retained or specially employed to <br /> provide expert testimony" or whose employment duties <br /> "regularly-involve giving expert testimor-y' as provided by Rule <br /> 26(a)(2)(B), COLO. R. CIV. P. Infotmation held by person(s) <br /> listed in response to Rule 26(a)(1) includes opinion based upon <br /> each witness' knowledge, skill. experience, training, or <br /> education. <br /> DMG disputed MCR's assertion that none of its witnesses enumerated in MCR's <br /> disclosure statement is an expert"retained or specially employed to provide expert <br /> testimony' or whose employment duties "regularly involve ;wino expert testimony." DMG <br /> icki, P.E.. a witness listed in NCR's <br /> disputed this assertion as it pertains to Gregory- C. Lew <br /> Rule 26(a)(1) disclosure. DMG's objection now also applies to IMIchael Savage, a second <br /> expert witness listed by MCR in a subsequent Rule 26 disclosure dated June 1. 1998. <br /> The Court considered the dispute as to''Mr. Lewicki at the Case Management <br /> Conference on November 26, 1997, having heard argument from MCR and DMG. The <br /> Court accepted MCR's position the Gregory C. Lewicki is a regular expert witness under <br /> Colo. R. Civ. P. Rule 26(a)(2)(B)(H). However, the Court ordered that any reports that <br /> counsel for MCR has received from Mr. Lewicki shall be provided to opposing counsel <br /> within forty-eight (48)hours of the date of this Order. Any subsequent reports received from <br /> Mr. Lewicki by NICR's counsel shall be provided to opposing counsel r_o later than forty- <br /> eight (48) hours from MCR's counsel's receipt of any subsequent report. <br /> Resolution: Counsel for MCR and DMG have resolved this dispute. Counsel for <br /> 'VICR agrees that Gregory C. Lewicki and Michael Savage are retained or specially employed <br /> witnesses under Rule 26(a)(2)(B)(I), and shall make expert disclosures pursuant to that <br /> provision of the Rule under the dates for disclosure set forth in this Case Management Order. <br /> C. Continuing Duty to Disclose <br /> The parties acknowledge that they have a continuing duty to timely supplement or <br /> correct their disclosure statements pursuant to Rule 26(a)(1) and (e), COLO. R- CIV. P. <br /> 3 <br />