Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:01-cv-00413-JLK-BNB

Document 224

Filed 08/20/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-K-0413 M.D. MARK, INC., Plaintiff, vs. KERR-McGEE CORPORATION and ORYX ENERGY COMPANY, Defendants. DEFENDANT'S AMENDED MOTION TO PROHIBIT PLAINTIFF'S UNTIMELY IDENTIFIED WITNESS, LEON HERZOG, FROM TESTIFYING AT TRIAL Defendant Kerr-McGee Corporation,1 through its attorneys, hereby amends its motion to prohibit Leon Herzog, filed on August 20, 2007, to provide the following information: CONFERRAL UNDER LOCAL RULE 7.1 Undersigned counsel certifies that he conferred with counsel for Plaintiff M.D. Mark, Inc. on August 17, 2007 through an in-person conversation regarding Defendant's intention to move to prohibit Leon Herzog ("Herzog") from testifying at trial. Plaintiff's counsel responded by saying that Herzog had been disclosed in a supplemental Rule 26(a)(1) disclosure and reiterated Plaintiff's intention to call Herzog at trial.

1

Oryx ceased to exist on February 26, 1999, at which time it became Kerr-McGee as a result of a statutory corporate merger.

Case 1:01-cv-00413-JLK-BNB

Document 224

Filed 08/20/2007

Page 2 of 3

Defendant incorporates by reference the facts, arguments and exhibits contained in its initial Motion to Prohibit Untimely Identified Witness, Leon Herzog, From Testifying at Trial. WHEREFORE, Defendant respectfully requests that this Court GRANT its motion and prohibit Herzog from testifying at trial for the reasons stated in its original motion.. Dated: August 20, 2007. Respectfully submitted,

s/ M. Antonio Gallegos Scott S. Barker Gregory E. Goldberg M. Antonio Gallegos H OLLAND & H ART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 Phone: (303) 295-8361 Fax: (303) 295-8261 [email protected] [email protected] [email protected] A TTORNEYS F OR D EFENDANTS

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Case 1:01-cv-00413-JLK-BNB

Document 224

Filed 08/20/2007

Page 3 of 3

CERTIFICATE OF SERVICE
I hereby certify that on August 20, 2007, I electronically filed the foregoing Motion with the Clerk of Court using CM/ECF system, which will serve, via electronic mail, Defendant Kerr-McGee's Amended Motion to Prohibit Untimely Identified Witness, Leon Herzog, From Testifying at Trial on: PELZ, BONIFAZI & INDERWISCH, P.C. Harlan P. Pelz Daniele W. Bonifazi [email protected] [email protected]

s/ M. Antonio Gallegos

3753239_1.DOC

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