Free Motion Hearing - District Court of Colorado - Colorado

Case 1:01-cv-02315-LTB-CBS

Document 492

Filed 10/19/2005

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer

Civil Action No.: 01-cv-02315-LTB-CBS Date: October 19, 2005

FTR Reporter Deck Crtrm A402 Courtroom Deputy, Ellen E. Miller

HARVEY SENDER, Trustee of the Lifeblood Biomedical, Inc., et al Plaintiff(s), v. WILLIAM J. MANN, et al

Ann H. Cisneros John C. Smiley

Julie M. Walker Carolyn J. Fairless Michael O' Connell

Defendant(s). COURTROOM MINUTES HEARING: MOTIONS HEARING Court in Session: 9:00 a.m. Court calls case. Appearance of counsel. Discussion is held regarding Defendants' motion to strike It is ORDERED: Defendants' MOTION TO STRIKE PLAINTIFF' FIFTH S SUPPLEMENTAL DISCLOSURES PURSUANT TO RULE 26(a)(1) (Docket No. 480, Filed July 28, 2005) is DENIED for reasons as stated on the record.

The Court notes it is denying the motion without making any ruling on whether or not Plaintiff will be allowed to amend the Final Pretrial Order to introduce this evidence. Discussion is held regarding the FRCP anticipation that the Final Pretrial Conference should be held as close to trial as possible and that pending motions for summary judgment may resolve some claims completely or in part, therefore changing the posture of this case. The Court notes that if Plaintiff wishes to introduce these assignments at trial, he will have to file an appropriate motion seeking leave to do that, with the possibility of raising the question if the current Final Pretrial Order should remain the operative document. HEARING CONCLUDES. Court in recess: 9:27 a.m. Total In-Court Time: 00:27