Ledbetter et al v. Wal-Mart Stores, Inc.

Filing 234

MINUTE ORDER denying 212 Plaintiffs Objection to Defendant General Electric Companys Trial Exhibits or, in the Alternative, Motion to Strike, by Magistrate Judge Michael J. Watanabe on 10/20/09.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 06-cv-01958-WYD-MJW JOEL LEDBETTER, et al. Plaintiffs, v. WAL MART STORES, INC., et al., Defendants. MINUTE ORDER Entered by United States Magistrate Judge Michael J. Watanabe It is hereby ORDERED that Plaintiff's Objection to Defendant General Electric ("GE") Company's Trial Exhibits or, in the Alternative, Motion to Strike (docket no. 212) is DENIED. The court finds that Plaintiffs have received Defendant GE's trial exhibits upon Mr. Savoca's return to his practice. Moreover, there is no evidence that Defendant GE has conducted itself in a dilatory or uncooperative manner during the pendency of this lawsuit. A three week delay in the delivery of Defendant's trial exhibits does not merit striking such trial exhibits, in particular, since the trial was continued to January 11, 2010, by Chief Judge Daniel. See Quinn v. Consolidated Freightways Corporation of Delaware, 283 F.3d 572, 576 (3rd Cir. 2002). See also orders and minutes of court proceeding held before Chief Judge Daniel on October 6, 2009. Date: October 20, 2009