Atigun, Inc v. Premier Oilfied Equipment Company et al

Filing 62

ORDER Granting 44 Motion to Strike Exhibit B to Plaintiff's 25 Third Amended Complaint [25-2], by Judge Richard P. Matsch on 8/11/2014.(jsmit )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Richard P. Matsch Civil Action No. 13-cv-02219-RPM ATIGUN, INC., an Alaska corporation, Plaintiff, v. PREMIER OILFIELD EQUIPMENT COMPANY, a Delaware corporation; TIGER OILFIELD TANK COMPANY, LLC, f/k/a DELTA OILFIELD TANK CO., LLC, a Colorado limited liability company; HY-TECH TRUCK & TRAILER MANUFACTURING, LLC, a Colorado limited liability company; ALTIRA TECHNOLOGY FUND V, L.P., a Delaware limited partnership; TRIPLE S IRREVOCABLE TRUST FUND; GARY HARM, JR. an individual; and CINDY HARMS, an individual, Defendants. ORDER GRANTING MOTION TO STRIKE EXHIBIT B TO PLAINTIFF’S THIRD AMENDED COMPLAINT Upon review of Defendant Premier Oilfield Equipment Company’s Motion to Strike Exhibit B to Plaintiff’s Third Amended Complaint [Doc. 44] and Plaintiff Atigun’s Response, the Court concludes that Exhibit B should be stricken from Plaintiff’s Third Amended Complaint as it is unnecessary evidentiary material. Whether it is admissible at trial under the Federal Rules of Evidence can be determined at a later date. It is ORDERED that Defendant Premier’s Motion to Strike Exhibit B to Plaintiff’s Third Amended Complaint [Doc. 44] is granted. Dated: August 11, 2014. BY THE COURT: s/Richard P. Matsch _________________ Richard P. Matsch Senior District Judge 2

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