Opposition Filed

The government wasn't happy about Judge Boland's decision allowing discovery and permitting Plaintiffs to develop evidence to contradict summary judgment.  In fact, as noted before, it appealed Judge Boland's ruling to Chief Judge Babcock.  Today, we filed Plaintiff's brief opposing the government's objection.  We argue that Judge Boland's decision is consistent with precedent, and reflects the sound discretion of district courts in determining discovery issues.  The Order should not be disturbed absent "clear error."  As Judge Kane (also D. Colo.) has succinctly put it: a magistrate's ruling should stand unless it "strike[s] me as wrong with the force of a five-week-old, unrefrigerated dead fish."  We hope Judge Babcock agrees that there is no "dead fish" here.