Tian v. Newmont International Services Limited

Filing 74

ORDER denying 59 Motion in Limine; denying 66 Motion for Leave, by Judge John L. Kane on 06/24/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02515-JLK
FANG TIAN,
Plaintiff,
v.
NEWMONT INTERNATIONAL SERVICES LIMITED, a Delaware Corporation,
Defendant.

ORDER ON MOTION FOR LEAVE AND MOTION IN LIMINE

Before me is Defendant’s Motion for Leave to File Dispositive Motion (Doc. 66).
Because the proposed motion is significantly past the dispositive motion deadline in this case of
October 16, 2013, is untimely and disruptive of trial preparation, and is unjustifiably redundant of
matters already ruled on (see Docs. 25 & 40), that motion is DENIED.
Also before me is Defendant’s Motion in Limine Regarding the Effect of At-Will
Employment (Doc. 59). As discussed in the ruling on Defendant’s motion for summary judgment
(see Doc. 40 at 26-28), Plaintiff’s remaining claims are based on Defendant’s alleged promise to
sponsor Plaintiff’s green card during the course of her employment. Defendant has not
demonstrated that these damages cannot, as a matter of law, continue after Plaintiff was informed
of the elimination of her position on July 8, 2011, or more generally that the circumstances of
Plaintiff’s termination are not relevant to her remaining claims. Accordingly, Defendant’s
Motion in Limine Regarding the Effect of At-Will Employment (Doc. 59) is DENIED.
Dated: June 24, 2015

s/ John L. Kane
Senior U.S. District Judge