Opinion
Civil Action No. 90-cv-181-JLK.
January 19, 2006
ORDER
Defendants' Motion to Strike Portion of Jury Instruction No. 3.5 (Docket #'), filed January 19, 2006, is DENIED. The challenged portion of Instruction No. 3.5 correctly states Colorado law on this issue, and Plaintiffs made no statements to the contrary in their January 18 argument. Even if they had, the remedy would have been to object to Plaintiffs' argument, not to revise Instruction No. 3.5 to ignore Colorado law.