Dedmon v. Chelsea Food Services et al

Filing 119

ORDER granting 101 Motion to Exclude. Plaintiffs anticipated expert testimony from Anne Stodola is EXCLUDED, by Judge William J. Martinez on 08/11/2015.(cthom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 13-cv-0005-WJM-NYW CAROLYN DEDMON, Plaintiff, v. CONTINENTAL AIRLINES, INC., UNITED AIRLINES, INC., and UNITED CONTINENTAL HOLDINGS, INC., Defendants. ORDER GRANTING DEFENDANTS’ RULE 702 MOTION Plaintiff Carolyn Dedmon (“Plaintiff”) brings this action against Defendants Continental Airlines, Inc., United Airlines, Inc., and United Continental Holding s, Inc. (collectively “Defendants”) for injuries she suffered when she fell on property apparently leased to Defendants at Denver International Airport. (See ECF No. 9.) Before the Court is Defendants’ Motion to Exclude Expert Testimony of Anne Stodola (“Rule 702 Motion”). (ECF No. 101.) Defendants filed this Motion on June 26, 2015, stating that “Plaintiff’s counsel opposes the relief sought.” (Id. at 1.) Plaintiff therefore had until July 20, 2015, to file a response. See D.C.COLO.LCivR 7.1(d); see also Fed. R. Civ. P. 6(d). Plaintiff did not file a response by that date, nor has she since filed any response to Defendants’ Rule 702 Motion. If a party fails to respond to a contested motion, the Court may deem the motion confessed. See, e.g., Zinna v. Bd. of Cnty. Comm’rs of the Cnty. of Jefferson, 250 F.R.D. 527, 529 (D. Colo. 2007). The Court accordingly deems Plaintiff to have confessed to the Rule 702 Motion and ORDERS as f ollows: 1. Defendants’ Motion to Exclude Expert Testimony of Anne Stodola (ECF No. 101) is GRANTED; and 2. Plaintiff’s anticipated expert testimony from Anne Stodola is EXCLUDED. Dated this 11th day of August, 2015. BY THE COURT: William J. Martínez United States District Judge 2

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