Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-00456-MSK-MEH

Document 108

Filed 11/15/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-00456-MSK-OES JOHN C. DAW, O.D. and JOHN C. DAW, O.D., P.C., a Colorado professional corporation, Plaintiffs, vs. SHOPKO STORES, INC. Defendant. ______________________________________________________________________________ DEFENDANT'S RESPONSE TO PLAINTIFFS' UNOPPOSED MOTION TO AMEND JOINT PROPOSED WITNESS LIST ______________________________________________________________________________ Defendant, through its attorneys Higgins, Hopkins, McLain & Roswell, LLC, submits this Response to Plaintiffs' Unopposed Motion to Amend Joint Proposed Witness List as follows: 1. The parties submitted their Joint Trial Witness List to the division clerk of the

Court on October 28, 2005. 2. Shortly thereafter, counsel for Defendant pointed out to Plaintiffs' counsel that

they omitted two witnesses who were previously designated by Plaintiffs in the Final Pretrial Order: W. Kent Mount and Dr. Gary Gerber. 3. On November 9, 2005, Plaintiffs submitted this Unopposed Motion. Counsel for

Defendant is unsure as to why this was filed with the Court instead of submitting it to the division clerk as was previously done. Nevertheless, Defendant does not object to Plaintiffs supplementing their witness list.

Case 1:04-cv-00456-MSK-MEH

Document 108

Filed 11/15/2005

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4.

Inasmuch as Plaintiffs submitted this in form of motion, Defendant states that by

agreeing to this supplementation, Defendant does not waive any of the arguments presented in its previously filed motions to strike these two witnesses. 5. Furthermore, Defendant objects to the estimation of time provided by Plaintiffs ­

not only for these witnesses but also for all witnesses they intend to call in their case-in-chief. These time estimations are not made in good faith and do not reasonably reflect what will actually happen at trial. Defendant's estimation of cross-examination is based entirely on

Plaintiffs' estimates and is not meant to be an endorsement of Plaintiffs' unrealistic expectations.

Respectfully submitted this 15th day of November, 2005.

s/Torben M. Welch Stephen Hopkins Torben M. Welch of HIGGINS, HOPKINS, McLAIN & ROSWELL, LLC Attorneys for Defendant Shopko Stores, Inc. 300 Union Boulevard, Suite 101 Lakewood, CO 80228 (303) 987-9870

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Case 1:04-cv-00456-MSK-MEH

Document 108

Filed 11/15/2005

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing DEFENDANT'S RESPONSE TO PLAINTIFFS' UNOPPOSED MOTION TO AMEND JOINT PROPOSED WITNESS LIST was filed electronically with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses, this 15th day of November, 2005: Gerald L. Jorgensen, Esq. Theodore J. Finn, Esq. Jorgensen, Motycka & Lewis, P.C. 709 Third Avenue Longmont, CO 80501

s/Pamela A. Freitik

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