Wiese v. Centex Homes

Filing 64

ORDER granting 43 Plaintiff's Motion for Summary Judgment, Denying 41 Defendant's Motion for Summary Judgment. Case will proceed to a jury trial on the issue of damages, by Judge Zita L. Weinshienk on 6/2/09.(gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 08-cv-00377-ZLW-MEH CHAD M. WIESE, v. Plaintiff,

CENTEX HOMES, Defendant. ORDER This matter was before the Court on May 27, 2009, for oral argument on (1) Plaintiff's Motion For Summary Judgment and (2) Defendant's Motion For Summary Judgment. The Court heard the arguments and statements of counsel, and made oral conclusions of law which are incorporated herein by reference as if fully set forth. Accordingly, it is ORDERED that Plaintiff's Motion For Summary Judgment (Doc. No. 43) is granted. It is FURTHER ORDERED that Defendant's Motion For Summary Judgment (Doc. No. 41) is denied. It is FURTHER ORDERED that this case will proceed to a jury trial on the issue of damages. DATED at Denver, Colorado this 2nd day of June, 2009. BY THE COURT ________________________________ ZITA L. WEINSHIENK, Senior Judge United States District Court