Big O Tires, LLC v. Felix Bros., Inc. et al

Filing 152

ORDER denying without prejudice as moot 129 Motion to Exclude Defendant's Expert Testimony, by Judge Philip A. Brimmer on 12/22/2011.(jjpsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Case No. 10-cv-00362-PAB-KLM
BIG O TIRES, LLC, a Nevada limited
liability company f/k/a BIG O TIRES, INC.,
a Colorado corporation,
Plaintiff,
v.
FELIX BROS., INC., a California corporation, et al.,
Defendants.

ORDER

This matter is before the Court on the plaintiff’s motion to exclude the testimony
of Mr. Tad Kyle, defendants’ proffered expert witness [Docket No. 129]. Defendants no
longer intend to call Mr. Kyle as an expert during the trial scheduled to commence on
January 9, 2012. See Docket No. 149; see also Docket No. 151 (Defendants’
Amended Witness List). Therefore, it is
ORDERED that plaintiff’s motion to exclude expert testimony [Docket No. 129] is
denied without prejudice as moot.

DATED December 22, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge