Free Motion in Limine - District Court of Colorado - Colorado

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

Document 296-2

Filed 03/21/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1099-JLK-DLW WOLF CREEK SKI CORPORATION, INC. Plaintiff(s), v. LEAVELL-MCCOMBS JOINT VENTURE D/B/A THE VILLAGE AT WOLF CREEK Defendant(s). ______________________________________________________________________________ ORDER GRANTING DEFENDANT'S MOTION IN LIMINE TO EXCLUDE EVIDENCE, TESTIMONY OR ARGUMENT STATING OR SUGGESTING THAT THE JOINT VENTURE'S EFFORTS TO OBTAIN ACCESS TO ITS PROPERTY VIA LOBBYING EFFORTS OR LEGISLATIVE MEANS VIOLATED THE SURP AGREEMENT OR FEDERAL LAW ______________________________________________________________________________ THIS MATTER, having come before the Court upon Defendant's Motion In Limine to Exclude Evidence, Testimony Or Argument Stating Or Suggesting That The Joint Venture's Efforts To Obtain Access to Its Property Via Lobbying Efforts Or Legislative Means Violated The SURP Agreement Or Federal Law, and the Court having reviewed the Pleadings on file and being fully advised on the premises therein: IT IS HEREBY ORDERED that the motion is GRANTED, and Ski Corp., is hereby instructed, through the Ski Corp.'s counsel, and its counsel individually, not to mention, refer to, interrogate concerning, voluntarily answer, or attempt to convey before the jury, at any time during these proceedings, in any manner, either directly or indirectly, the subject matter as stated above, and not to make any reference or inference to the fact that this motion has been filed,

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

Document 296-2

Filed 03/21/2008

Page 2 of 2

argued, or ruled on by the Court; and further that Ski Corp.'s counsel be instructed to warn and caution each and every witness appearing in Ski Corp.'s phase of this litigation to strictly comply with the rulings of the Court. Dated this ____ day of ______________________, 2008. BY THE COURT:

__________________________________ District Court Magistrate Judge