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

Case 1:04-cv-01067-MSK-CBS

Document 198-2

Filed 10/12/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 04-cv-1067-REB-CBS WILLIAM R. CADORNA, Plaintiff, v. CITY AND COUNTY OF DENVER, COLORADO, a Municipal Corporation, Defendant.

ORDER GRANTING P AN IFSAMENDED MOTION PURSUANT TO Fed.R.Civ.P. L ITF ' 15(b) and 16(e) TO AMEND PRETRIAL ORDER TO CONFORM TO THE EVIDENCE AND/OR PREVENT MANIFEST INJUSTICE

THIS MATTER having come before the Court on Plaintiff William R. Cadorna ` s ( lni ) " a t "October 12, 2006 Amended Motion pursuant to Fed.R.Civ.P. 15(b) and P if f 16(e) to amend the Pretrial Order to conform to the evidence and/or to prevent manifest injustice, and the Court being duly advised in the premises thereof, THE COURT HEREBY FINDS THAT: Plaintiff stated claims for liquidated damages and front pay in lieu of reinstatement in his pleadings, including the Pretrial Order; Plaintiff never waived his claims for liquidated damages and front pay in lieu of reinstatement; Defendant City and County of Denver expressly or impliedly consented to trial of Pa t 'c i fri i tdd ma e a df n p ynluo ri ttme t lnis lms o lu ae a g s n r t a i i fe s e n; if a f qd o e na D fn a t a e a y b co s ota o Pa t 'c i fri i tdd ma e a d ee d n w i d n o j t n t r l f lnis lms o lu ae a g s n v ei i if a f qd front pay in lieu of reinstatement; manifest injustice would result were this Court to

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Case 1:04-cv-01067-MSK-CBS

Document 198-2

Filed 10/12/2006

Page 2 of 2

refuse to treat the Pretrial Order as amended to include claims by Plaintiff for liquidated damages and front pay in lieu of reinstatement. HAVING SO FOUND, THE COURT ORDERS pursuant to Fed.R.Civ.P. 15(b) and 16(e) that the Pretrial Order in this action be amended to conform to the evidence and to prevent manifest injustice by including, and being treated for all purposes as including, claims by Plaintiff under the Age Discrimination in Employment Act for liquidated damages and front pay in lieu of reinstatement. DATED this ___ day of ________________, 2006.

___________________________________ Hon. Robert E. Blackburn Judge, United States District Court

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