Opus 3 Limited v. Heritage Park, Incorporated, and Paul Stein, and James O'Brien David Kopp David J. Mislin John Does, Third Party

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge ERVIN and Judge WILLIAMS joined.

OPINION

NIEMEYER, Circuit Judge:

At the outset of the bench trial in this case, which involved a claim for money due for construction services performed, Opus 3 Limited, the plaintiff, invoked Federal Rule of Evidence 615 to exclude witnesses from the courtroom during trial. The defendant, Heritage Park, Incorporated, opposed Opus 3’s request to sequester its only witness, arguing that the witness was both its expert witness and designated representative at trial. The district court…