Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02461-MSK-MEH

Document 110

Filed 05/08/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2461-MSK-MEH

LEPRINO FOODS COMPANY, Plaintiff, v. FELDMEIER EQUIPMENT, INC., Defendant. REPLY IN SUPPORT OF DEFENDANT'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO PREVIOUSLY SETTLED MATTER BY PLAINTIFF (DOCUMENT 100)

Feldmeier Equipment, Inc., by and through counsel, submits its Reply in Support of Defendants' Motion in Limine to Exclude Evidence Relating to Previously Settled Matter by Plaintiff (Document 100) as follows: REPLY Plaintiff concedes and admits that the fact that the Waverly silo was damaged in transit and repaired by Feldmeier is completely and thoroughly irrelevant to this litigation as no claims exist relating to the damage the silo suffered and in fact, Leprino released all such claims. Plaintiff claims that the documents relating to the damaged silo may be admissible to demonstrate delivery date, which is not disputed. As such, the documents and photographs relating to the damaged silo ha ve no relevance to this case and must not be admitted.

Case 1:03-cv-02461-MSK-MEH

Document 110

Filed 05/08/2006

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Plaintiff concedes, as it must, that all claims for delay or damages resulting from the silo's damage it incurred in transit were settled and no claims relating thereto remain. As such, there is no need to waste the jury's time discussing these irrelevant events. All exhibits listed in Plaintiff's motion should be excluded. WHEREFORE, Feldmeier respectfully requests the Court enter an Order precluding Leprino from presenting evidence relating to the damage the tank incurred in transit. Respectfully submitted this 8th of May, 2006. FOWLER, SCHIMBERG & FLANAGAN, P.C.

s/ Catherine A. Tallerico Catherine A. Tallerico 1640 Grant Street Denver, Colorado 80203 Telephone: 303.298.8603 ATTORNEYS FOR DEFENDANT

Case 1:03-cv-02461-MSK-MEH

Document 110

Filed 05/08/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 8th day of May, 2006, I caused a true and correct copy of the foregoing REPLY IN SUPPORT OF DEFENDANT'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO PREVIOUSLY SETTLED MATTER BY PLAINTIFF (DOCUMENT 100) to be was filed with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following email addresses:

Michael G. Bohn, Esq. [email protected] Mr. Jake Feldmeier [email protected]

s/ Michelle Rocke