Free Response to Motion - District Court of Colorado - Colorado

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

Document 283

Filed 02/27/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 04-cv-1099-JLK-DLW WOLF CREEK SKI CORP., INC., Plaintiff, v. LEAVELL-McCOMBS JOINT VENTURE, d/b/a THE VILLAGE AT WOLF CREEK, Defendant. DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO SEAL ITS DAUBERT MOTION TO EXCLUDE IN PART THE TESTIMONY AND REPORT OF DEFENDANT'S EXPERT JOHN A. MONTGOMERY AND ATTACHED EXHIBIT 2 Defendant, Leavell-McCombs Joint Venture ("Joint Venture") hereby responds to Plaintiff's Motion to Seal Its Daubert Motion to Exclude in Part the Testimony and Report of Defendant's Expert John A. Montgomery as follows:

Defendant concurs with and has no objection to Plaintiff's Motion. Exhibit 2 to Plaintiff's Daubert Motion is Defendant's expert report for John A. Montgomery. This report been marked "Confidential" pursuant to the parties' Stipulated Protective Order. The Stipulated Protective Order was signed voluntarily by each party, and was entered by this Court on October 30 2004. Mr. Montgomery's expert report refers to a variety of confidential data. Although Defendant did not seek to seal Mr. Montgomery's deposition, the deposition does not

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

Document 283

Filed 02/27/2008

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reveal the confidential financial data to the extent or detail contained within Mr. Montgomery's actual report. As a result, Defendant joins with Plaintiff's request to seal Exhibit 2 to Plaintiff's Daubert Motion to Exclude in Part the Testimony and Report of Defendant's Expert John A. Montgomery.

Respectfully submitted this 27h day of February 2008.

s/ David W. Krivit David W. Krivit (#25916) MORIARTY LEYENDECKER ERBEN PC 1123 Spruce Street, Suite 200 Boulder, CO 80302 (303) 495-2658 Tel (713) 528-1390 Fax Attorney for Defendant

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

Document 283

Filed 02/27/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 27th day of February 2008, I electronically filed and served the foregoing DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO SEAL ITS DAUBERT MOTION TO EXCLUDE IN PART THE TESTIMONY AND REPORT OF DEFENDANT'S EXPERT JOHN A. MONTGOMERY AND ATTACHED EXHIBIT 2 via CM/ECF to the following: Andrew Ryan Shoemaker Hogan & Hartson, LLP-Boulder 1470 Walnut Street, #200 Boulder, CO 80302 Email: [email protected] Cynthia A. Mitchell Hogan & Hartson, LLP-Boulder 1470 Walnut Street, #200 Boulder, CO 80302 Email: [email protected] Denise D. Riley Hogan & Hartson, LLP-Denver 1200 Seventeenth Street, #1500 Denver, CO 80202 Email: [email protected] Jacqueline S. Cooper Hogan & Hartson, LLP-Denver 1200 Seventeenth Street, #1500 Denver, CO 80202 Email: [email protected] Kim Arquette Tomey Berg Hill Greenleaf & Ruscitti, LLP 1712 Pearl Street Boulder, CO 80302 Email: [email protected] Melissa M. Heidman Berg Hill Greenleaf & Ruscitti, LLP 1712 Pearl Street Boulder, CO 80302 Email: [email protected] Attorney for Plaintiff

Attorney for Plaintiff

Attorney for Plaintiff

Attorney for Plaintiff

Attorney for Defendant

Attorney for Defendant

s/ Christina J. Kim Christina J. Kim, Paralegal MORIARTY LEYENDECKER ERBEN PC

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