GLN Compliance, Inc. v. Ross

Filing 208

Final Order re: Doc. 189 Motion for Reconsideration. Defendant Ross's Motion for Reconsideration 189 is granted. GLNs request, reiterated in its Supplemental Response 204 , to admit Dr. Reslings Report notwithstanding its failure to offer it during trial, is DENIED by Judge John L. Kane on 03/02/10.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 01-cv-2313-JLK GLN COMPLIANCE, INC., Plaintiff /Counter Defendant, v. JONATHAN ROSS, Defendant/Third Party Plaintiff /Counter Claimant, v. GERALD NAEKEL, Third-Party Defendant. FINAL ORDER re Doc. 189 Motion for Reconsideration Kane, J. Having considered GLN's Supplemental Response to Defendant's February 13, 2010 Motion for Reconsideration (Doc. 204), and GLN's acknowledgment that it did not offer Mr. Resling's expert report (Trial Ex. 101) into evidence during the course of the trial, Defendant Ross's Motion for Reconsideration (Doc. 189) is GRANTED. As I stated in my Order dated February 18, 2010 (Doc. 197), it was not my intent, when confronted in chambers after trial to clarify the matter, to admit any document that had not already been admitted. GLN did not call Mr. Resling as a witness at trial and concedes it did not offer his report into evidence. Based on the foregoing, GLN's request, reiterated in its Supplemental Response, to admit Dr. Resling's Report notwithstanding its failure to offer it during trial, is DENIED. Dated: March 2, 2010 s/John L. Kane SENIOR U.S. DISTRICT JUDGE