Case 1:04-cv-01067-MSK-CBS
Document 179-2
Filed 09/15/2006
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 IFSMOTION PURSUANT TO Fed.R.Civ.P. 15(b) and L ITF ' 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 "Motion pursuant to Fed.R.Civ.P. 15(b) and 16(e) to amend the Pretrial Order P if f 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 t ta o Pa t 'c i fri i t damages and front pay in lieu of reinstatement; o r l f lnis lms o lu aed i if a f qd 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 179-2
Filed 09/15/2006
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 September, 2006.
___________________________________ Hon. Robert E. Blackburn Judge, United States District Court
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