Sun Construction Company, Inc. v. Torix General Contractors, LLC et al

Filing 237

ORDER. Plaintiffs Motion in Limine, filed 10/12/2010 213 is DENIED WITHOUT PREJUDICE. Intervenor Plaintiffs Motion to Strike Expert Testimony of Richard Kerr Under Fed. R. Evid. 702, filed 10/15/2010 ( 215 shall be addressed at the appropriate tim e during trial. Defendants Motion in Limine to Exclude Evidence of Personal or Business Hardships Suffered by Sun Construction or its Principals, filed 10/21/2010 217 is DENIED WITHOUT PREJUDICE. Plaintiffs Motion to Compel Supplemental Mandatory Disclosures, 10/25/2010 225 is DENIED. Intervenor Plaintiffs Cross Motion to Compel, filed 10/29/2010 233 is DENIED. By Judge Lewis T. Babcock on 11/01/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 07-cv-01355-LTB-MJW UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF SUN CONSTRUCTION COMPANY, INC., a Colorado corporation; Plaintiff, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation, Intervenor Plaintiff, v. TORIX GENERAL CONTRACTORS, LLC, a Colorado limited liability company f/k/a Alliance General Contractors, LLC, and ST. ANDREWS/ALLIANCE JOINT VENTURE, a joint venture, Defendants and Counterclaimants TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation, Defendants. ________________________________________________________________________ ORDER ________________________________________________________________________ THIS MATTER is before me on several motions filed by the parties. On November 1, 2010, I heard arguments on the following motions: Plaintiff's Motion in Limine, filed October 12, 2010 (docket #213); Intervenor Plaintiff's Motion to Strike Expert Testimony of Richard Kerr Under Fed. R. Evid. 702, filed October 15, 2010 (docket #215); Defendants' Motion in Limine to Exclude Evidence of Personal or Business Hardships Suffered by Sun Construction or its Principals, filed October 21, 2010 (docket #217); Plaintiff's Motion to Compel Supplemental Mandatory Disclosures,

filed October 25, 2010 (docket #225); and Intervenor Plaintiff's Cross Motion to Compel, filed October 29, 2010 (docket #233). For the reasons stated on the record, it is HEREBY ORDERED AS FOLLOWS: Plaintiff's Motion in Limine, filed October 12, 2010 (docket #213) is DENIED WITHOUT PREJUDICE to be addressed at the appropriate time during trial if necessary; Intervenor Plaintiff's Motion to Strike Expert Testimony of Richard Kerr Under Fed. R. Evid. 702, filed October 15, 2010 (docket #215) shall be addressed at the appropriate time during trial; Defendants' Motion in Limine to Exclude Evidence of Personal or Business Hardships Suffered by Sun Construction or its Principals, filed October 21, 2010 (docket #217) is DENIED WITHOUT PREJUDICE to be addressed at the appropriate time during trial if necessary; Plaintiff's Motion to Compel Supplemental Mandatory Disclosures, filed October 25, 2010 (docket #225) is DENIED; and Intervenor Plaintiff's Cross Motion to Compel, filed October 29, 2010 (docket #233) is DENIED. Dated: November 1 , 2010. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge

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