Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-00332-REB-CBS

Document 115

Filed 12/06/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-0332 -REB-CBS SCOTT HILL, Individually; THE ESTATE OF APRIL HILL, Scott Hill, Personal Representative; JOHN PAUL, Conservator for the Estate of Hope Paul, a minor; SCOTT HILL, Conservator for the Estate of Katelyn Hill, a minor; GENE CRABTREE, Conservator of the Estate of Dennis Scoggins, a minor, Plaintiffs, v. WESTERN DOOR, a Division of LUMBER PRODUCTS, INC., a Foreign Corporation, d/b/a in Colorado; and CRISTOBAL BONILLA, Defendants. ________________________________________________________________________ DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION TO AMEND EXHIBIT LIST ________________________________________________________________________ Lumber Products and Cristobal Bonilla, through their attorneys, Montgomery Little & McGrew, P.C., respond to Plaintiffs' Motion to Amend Exhibit List as follows: ARGUMENT Plaintiffs request that the Court allow Plaintiffs to amend their exhibit list to include the "Emergency Maneuvers" video and its accompanying safety summary as Exhibit 257 and invoices as Exhibit 258. Plaintiffs' motion to amend should be denied because the evidence Plaintiff is attempting to add is irrelevant. As evidenced by the invoice attached as Exhibit 2 to Plaintiffs'Motion to Amend Exhibit List the Emergency Maneuvers video was purchased

Case 1:04-cv-00332-REB-CBS

Document 115

Filed 12/06/2005

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by Lumber Products on August 27, 2002. The accident occurred on July 25, 2002. The video and invoices are completely irrelevant to any material fact at issue in the case. WHEREFORE, Lumber Products and Cristobal Bonilla ask that the Court deny Plaintiffs' motion to amend exhibit list. Respectfully submitted December 6, 2005. MONTGOMERY LITTLE & McGREW, P.C.

By: s/ Carmen N. Reilly____________________ John R. Riley Kevin J. Kuhn Carmen N. Reilly 5445 DTC Parkway, Suite 800 Greenwood Village, CO 80111 (303) 773-8100 ATTORNEYS FOR WESTERN DOOR AND CRISTOBAL BONILLA

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Case 1:04-cv-00332-REB-CBS

Document 115

Filed 12/06/2005

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CERTIFICATE OF SERVICE I hereby certify that on December 6, 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses [email protected] [email protected] [email protected]

s/ Carmen N. Reilly______________________ John R. Riley Kevin J. Kuhn Carmen N. Reilly Attorneys for Defendants Western Door and Cristobal Bonilla Montgomery Little & McGrew, P.C. 5445 DTC Parkway, Suite 800 Greenwood Village, CO 80111 Phone: (303) 773-8100 Fax: (303) 220-0412 [email protected]

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