Ulibarri et al v. Denver, Colorado, The City and County of et al

Filing 446

ORDER denying 443 Motion in Limine by Senior Judge Ortrie D. Smith on 8/28/12.(odslc1, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
DEBBIE ULIBARRI, et al.,
Plaintiffs,
vs.
CITY & COUNTY OF DENVER, et al.,
Defendants.

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Case No. 07-CV-1814-ODS

ORDER DENYING MOTION IN LIMINE
Defendants’ Motion in Limine (Doc. # 443), which seeks to exclude evidence of
Shawn Vigil’s non-economic damages, is denied. The motion essentially contends
Vigil’s claim did not survive because the only damages he seeks are not recoverable
under Colorado’s survival statute, and is thus really a motion to dismiss. Defendant’s
arguments could have been filed long ago, and such a motion filed within a week of trial
is not well-taken. Defendants were aware of the damages sought at least when
Plaintiffs were ordered to file their calculation of damages – and arguably before that
date, as the Court finds it difficult to believe Defendants had no inkling as to the
damages sought from them during the pendency of this suit.
The Court is not going to divert its time, attention, and resources away from trial
preparation to deal with this issue. The Court is not going to ask Plaintiffs to divert their
time, attention and resources. Vigil’s claim will go forward, and if necessary the issue
can be fully explored post-trial.
IT IS SO ORDERED.

DATE: August 28, 2012

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT