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Contract: Other | Colorado
Order on Motion to Exclude Order on Motion for Partial Summary Judgment Order on Motion for Summary Judgment Order on Motion to Strike
ORDER. Accordingly, it is ORDERED that: Defendant's Motion to Strike and/or Exclude Opinion Testimony of Plaintiff's Corporate Representative Van Wingerden (D. 75 ) is DENIED; Defendant's Motion to Strike and/or Exclude Opinion Testimony of Plaintiff's Industry Experts Jacobson and Seigneur (D. 76 ) is DENIED; Plaintiff Dutch Heritage Gardens, Inc.'s Motion for Partial Summary Judgment (D. 78 ) is GRANTED; The Kroger Co.'s Motion for Summary Judgment (D. 79 ) is DENIED; and The Kroger Co.'s Motion to Strike or Otherwise Disregard Dutch Heritage Gardens, Inc.'s Request for Attorney's Fees in its Response to Kroger Co.'s Motion for Summary Judgment (D. 114 ) is GRANTED. It is FURTHER ORDERED that Count II of Kroger's Counterclaims is DISMISSED. Within 30 days, the attorneys who have entered an appearance in this action and have not moved to withdraw shall file a certification that they have read the Local Rules, Practice Standards, Standing Order and will comply with them going forward. Also, within 30 days, the parties shall jointly email Gallagher_Chambers@cod.uscourts.gov to set a Final Pretrial Conference. By District Judge Gordon P Gallagher on 8/19/2026.(eluce)
Reply to Response to Motion
REPLY to Response to 75 MOTION to Strike Plaintiff's Supplemental Expert Disclosure filed by Defendant David Petrushka. (Weiner, Murray)
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