Free Order on Motion to Expedite - District Court of Colorado - Colorado

Case 1:04-cv-01225-MSK-BNB

Document 214

Filed 10/31/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Case No. 04-cv-01225-MSK-BNB MALIK M. HASAN, M.D., an individual; and SEEME G. HASAN, an individual, Plaintiff, v. GOLDMAN SACH 1999 EXCHANGE PLACE FUND, L.P., a Delaware limited partnership; GOLDMAN SACHS MANAGEMENT PARTNERS, L.P., a Delaware limited partnership; GOLDMAN SACHS MANAGEMENT, INC., a Delaware corporation; THE GOLDMAN SACHS GROUP, INC., a Delaware corporation; GOLDMAN, SACHS & CO., a New York limited partnership; JOHN DOES 1-100, individual persons whose true identities are unknown; and LENDER PARTIES 1-100, business entities whose true identities are unknown, Defendants.

ORDER DENYING MOTION FOR EXPEDITED CONSIDERATION (#211)

THIS MATTER comes before the Court on the Defendants' Motion for Expedited Consideration of Motion for Preclusion. Having considered the same, the Court FINDS and CONCLUDES that: The Defendants filed a motion (#200) asking the Court to preclude the Plaintiffs from presenting certain evidence at the evidentiary hearing scheduled to commence November 9, 2005. They contend that the Plaintiffs provided false and misleading testimony, discovery responses, and other assertions which warrant such sanction. They seek expedited consideration of such motion. The motion is contested and likely will require an evidentiary hearing. As a consequence, the Court declines to issue an expedited ruling. The Court will treat the Motion for Preclusion

Case 1:04-cv-01225-MSK-BNB

Document 214

Filed 10/31/2005

Page 2 of 2

and Other Relief as a motion for sanctions that can be addressed after and independently from the November evidentiary hearing. IT IS THEREFORE ORDERED that the Defendants'Motion for Expedited Consideration of Motion for Preclusion (#211) is DENIED. Dated this 31st day of October, 2005 BY THE COURT:

Marcia S. Krieger United States District Judge

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