The issue is NOT if the Decision is "open to clarification." The issue is has the Decision affected a Material part of the plaintiff's complaint...

Any Decision by a trial Judge that affects "Material" parts of a claim, made in a complaint, to an extent that in essence can be deemed to have ended the law suit, is subject to appeal even if it is not a FINAL Judgment...

For all purposes the Judge in this case made certain assumption, (All be it wrong), and then concluded that she would rule the case was disposed of...

Clearly, as I have said before, it makes no sense that DM should continue on with the rest of the case and get a Jury Instruction from the Court that the case had been disposed of...

Now, to further confuse the issue, the Judge has told the parties to let her know if her decision is O.K. withing 30 days.!?...

In my opinion, there is no question that her DECISION affects the entire claims maded by DM in the complaint they filed. As such DM is preparing their Appeal to the 10 Circuit already right now...

We shall see...

GLTA...

Gil...