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, )

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