Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:03-cv-01291-MSK-CBS

Document 357

Filed 12/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 03-cv-1291-MSK-CBS FRIEDA E. ENSSLE, BURKE E. ENSSLE and HEIDI ENSSLE WILSON Plaintiff(s), v. ILLINOIS TOOL WORKS, INC.; SAMES CORPORATION; BINKS RESEARCH & DEVELOPMENT CORPORATION; and JOHN DOE/JANE DOE (any person receiving value for transfer of Binks R&D assets). Defendant(s). _____________________________________________________________________________ PLAINTIFFS' UNOPPOSED MOTION TO ALLOW PETER D. BOWES TO ATTEND THE JANUARY 6, 2006, CONTINUATION RULE 702 HEARING BY TELEPHONE _____________________________________________________________________________ Plaintiffs Frieda E. Enssle, Burke E. Enssle and Heidi E. Wilson (the "Enssles"), through their undersigned counsel, submit the following Motion to allow Peter D. Bowes to attend the January 6, 2006, continuation hearing by telephone. Certificate of Conferral. Pursuant to D.C.COLO.LCivR 7.1, the undersigned counsel for Plaintiffs conferred with Robin Lunn, counsel for Defendant Illinois Tool Works, Inc., (ITW) and Angela D. DeVine, counsel for Sames Corporation (Sames) and Binks Research and Development Corporation (Binks R&D). Ms. DeVine and Mr. Lunn have no objection to the motion. Certificate of Compliance. Pursuant to D.C.COLO.LCivR 6.1(D), a copy of this motion is being served on the moving attorneys' clients and all counsel of record as indicated by the Certificate of Service attached hereto.

Case 1:03-cv-01291-MSK-CBS

Document 357

Filed 12/22/2005

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1. On November 22, 2006, the court denied (Pacer 327) Plaintiffs' motion (Pacer 313) to exclude the testimony of David Clayton in the Rule 702 hearing for Peter Bowes. 2. In the same order, the court scheduled the continuation of that hearing for Friday January 6, 2006, commencing at 10:00 am, not to exceed one hour. 3. The court also scheduled a continuation of the Rule 702 hearing for Plaintiffs' expert Brian Goodheim on Friday January 6, 2006, commencing at 11:00 am, also not to exceed one hour. 4. Mr. Goodheim is available at the scheduled time.

5. Mr. Bowes is not available at the scheduled time for his continuation hearing. Mr. Bowes will be in San Diego, California, January 5-7, 2006, attending and teaching a seminar at the ALI-ABA Eminent Domain Conference. 6. Mr. Bowes is specifically teaching the segment concerning "Unique Rules and

Standards in Eminent Domain Proceedings" at 1:30 PM on Friday, January 6, 2006. 7. Mr. Bowes will need to be present to provide rebuttal to Mr. Clayton's testimony, and to assist counsel in his cross examination of Mr. Clayton. 8. Plaintiffs will be prejudiced by not having the opportunity to rebut Mr. Clayton's testimony. Indeed, knowing that Mr. Bowes will not be present and available to not only hear but also rebut the testimony of Mr. Clayton will give Mr. Clayton much more latitude in his testimony than he might otherwise have. 9. Mr. Bowes would be available by telephone to attend the January 6, 2006, one hour continuation of his rule 702 hearing.

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Case 1:03-cv-01291-MSK-CBS

Document 357

Filed 12/22/2005

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WHEREFORE, Petitioner requests the court to allow Peter D. Bowes to attend the January 6, 2006, continuation hearing by telephone.

Respectfully submitted December 22, 2005. s/Peter Rogers Peter Rogers 885 Arapahoe Avenue Boulder, CO 80302 Telephone: 303-544-0997 Fax: 303-544-0998 [email protected] Attorney for Frieda E. Enssle, Burke E. Enssle, and Heidi E. Wilson

CERTIFICATE OF SERVICE I hereby certify that on December 22, 2005, a true and correct copy of the foregoing PLAINTIFFS' UNOPPOSED MOTION TO ALLOW PETER D. BOWES TO ATTEND THE JANUARY 6, 2006, CONTINUATION RULE 702 HEARING BY TELEPHONE was filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Susan E. Brice [email protected], [email protected] [email protected], [email protected] [email protected] [email protected], [email protected]

Angela Deborah DeVine Geraldine Elizabeth Flynn Asimakis Pascal Iatridis Robin R. Lunn

[email protected] [email protected], [email protected]
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Kim Arquette Tomey

Case 1:03-cv-01291-MSK-CBS

Document 357

Filed 12/22/2005

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And I hereby certify that I have mailed or served the document or paper by United States mail, first class, postage prepaid, addressed as follows: Asimakis P. Iatridis Berg, Hill, Greenleaf & Ruscitti LLP 1712 Pearl Street Boulder, CO 80302 Attorneys for Plaintiffs Burke E. Enssle 444 Millionaire Drive Boulder, CO 80302

s/ Peter Rogers Peter Rogers Attorney for Plaintiffs

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