Court allows plaintiffs to remove state counsel Nathan Gamble from witness list without prejudice

Judge James Robert Redford directed plaintiffs to remove Nathan Gamble, a state attorney, from their witness list without prejudice and left parties able to move to add him later if facts change.

During the status conference plaintiffs' counsel Jason Thompson said recent discovery had produced material suggesting Gamble had "more than a lawyerly involvement in the case," but Thompson added, "I don't see that Mr. Gamble is going to be called as a witness." Defense counsel Richard Cole confirmed that the state had removed references to assistant attorneys general as potential witnesses after the Department of Attorney General was dismissed from the suit and asked that the plaintiffs strike Gamble from the list now. Redford agreed: "That's my preference as well. So I'd expect that the plaintiffs would do that. It is without prejudice to bring a motion to amend your witness list to add him if necessary."

Why this matters: Removing a currently listed attorney from the witness list reduces immediate discovery friction tied to potential privilege and role conflicts, but preserving the right to re-add the attorney preserves the plaintiffs' ability to follow up if depositions uncover new evidence.

Related procedural posture: The judge also discussed how the parties would handle future deposition developments and that plaintiffs may seek Gamble's deposition only if they can clear the high procedural hurdle for deposing opposing counsel. Thompson said the plaintiffs have not included Gamble in initial deposition notices and do not currently plan to do so, though they may revisit that decision based on forthcoming testimony.

Next steps: Plaintiffs agreed to strike Gamble from the witness list; the court said the plaintiffs may later file a motion to amend the witness list if discovery reveals a need to depose him.