Free Order on Motion in Limine - District Court of Colorado - Colorado

Case 1:01-cv-02163-BNB-MEH

Document 204

Filed 09/19/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-02163-PAC-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiff(s), v. EL PASO GOLD MINES, INC., Defendant(s). ________________________________________________________________________ MINUTE ORDER ________________________________________________________________________ ORDER ENTERED BY MAGISTRATE JUDGE PATRICIA A. COAN IT IS HEREBY ORDERED that Plaintiffs'Expedited Motion Under Fed.R.Civ.P. 37(C) to Exclude Testimony of Defendant' Previously Undisclosed Expert Witness Art s O' Hayre, filed September 15, 2006, is DENIED. Defendant may call Mr. O' Hayre as a witness at the Rule 702 Hearing to challenge the admissibility of Dr. Maest' expert s testimony. Mr. O' Hayre may not testify as an expert witness at trial because he was not designated by the defendant under Rule 26(a)(2).1 It is FURTHER ORDERED that Plaintiffs' Expedited Motion to Stay the Joint Submission Under Fed.R.Evid. 702 Pending a Ruling on Plaintiffs' Contemporaneously Filed Motion to Exclude Under Fed.R.Civ.P. 37(C), filed September 15, 2006, is GRANTED in part as follows: The parties shall file their Joint Submission Under Fed.R.Evid. 702 on or before September 21, 2006. Dated: September 19, 2006

Defendant represented to the plaintiffs in a September 14, 2006 e-mail that it does not intend to call Mr. O' Hayre as an expert witness at trial. See attachment to Plaintiffs' Expedited Motion.

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