Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01099-JLK-DW

Document 310

Filed 04/07/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-K-1099-JLK-DLW WOLF CREEK SKI CORPORATION, INC., Plaintiff, v. LEAVELL-McCOMBS JOINT VENTURE, d/b/a THE VILLAGE AT WOLF CREEK, Defendant.

WOLF CREEK SKI CORPORATION, INC.'S RESPONSE AND STIPULATION REGARDING DEFENDANT'S MOTION IN LIMINE TO EXCLUDE EVIDENCE, TESTIMONY, OR ARGUMENT RELATING TO BOB HONTS' BANKRUPTCY OR FINANCIAL CONDITION

Plaintiff, Wolf Creek Ski Corporation, Inc ("Wolf Creek"), through its undersigned counsel, respectfully responds as follows to Defendant Leavell-McCombs Joint Venture's ("Defendant" or "Joint Venture") motion in limine seeking to exclude evidence, testimony or argument relating to Bob Honts' bankruptcy or financial history relating to said bankruptcy: Defendant seeks to exclude evidence related to Mr. Honts' 1991-92 Chapter 7 bankruptcy ("Bankruptcy"). After due consideration, and in conferring with opposing counsel, Wolf Creek confirms and stipulates that it will not offer any evidence or testimony relating to Bob Honts' 1992 bankruptcy or financial history relating to said bankruptcy. However, the parties have agreed that Wolf Creek is entitled to introduce evidence or examine Mr. Honts about what he earned from his work on the proposed village and other work performed for Mr. McCombs, and

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Case 1:04-cv-01099-JLK-DW

Document 310

Filed 04/07/2008

Page 2 of 3

what percentage of Mr. Honts' income is and has been related to Village activities. Accordingly, the Joint Venture's motion is now moot. Dated this 7th day of April, 2008. HOGAN & HARTSON LLP

By:

s/Andrew R. Shoemaker Andrew R. Shoemaker Cynthia A. Mitchell Jacqueline S. Cooper 1470 Walnut Street, Suite 200 Boulder, Colorado 80302 [email protected] [email protected] [email protected] (720) 406-5300 telephone (720) 406-5301 facsimile Attorneys for Wolf Creek Ski Corporation, Inc.

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Case 1:04-cv-01099-JLK-DW

Document 310

Filed 04/07/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 7th day of April, 2008, I electronically filed the foregoing WOLF CREEK SKI CORPORATION, INC.'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE EVIDENCE, TESTIMONY, OR ARGUMENT RELATING TO BOB HONTS' BANKRUPTCY OR FINANCIAL CONDITION with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: George Vernon Berg, Jr. [email protected] Robert D. Erben [email protected] Melissa M. Heidman [email protected] David W. Krivit [email protected] Michael Edward McLachlan [email protected] James Robert Moriarty [email protected] Kim Arquette Tomey [email protected]

s/Andrew R. Shoemaker

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