Free In Court Hearing - District Court of Colorado - Colorado

Case 1:04-cv-00456-MSK-MEH

Document 133

Filed 09/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Barbara Wagner Court Reporter: Paul Zuckerman Civil Action No. 04-cv-00456-MSK-MEH Parties: JOHN C. DAW, Plaintiff, v. SHOPKO STORES, INC., Defendant. Stephen Hopkins Counsel Appearing: Gerald Jorgensen Date: September 6, 2006

COURTROOM MINUTES

HEARING: Rule 702 Hearing 1:52 p.m. Court in session.

Dr. Gary Gerber present in the courtroom by videoconference. Discussion regarding the opinion testimony of Plaintiff' expert. s Witness sworn for the Plaintiff: Gary Gerber 2:03 p.m. Direct Examination by Mr. Jorgensen. Counsel stipulate to Exhibit No. 1. EXHIBITS: Received: 1 Cross examination of Gary Gerber by Mr. Hopkins. Redirect examination of Gary Gerber by Mr. Jorgensen. Arguments by counsel. Discussion regarding the opinions offered by Dr. Gary Gerber. Oral findings and conclusions of law are made of record and incorporated herein.

Case 1:04-cv-00456-MSK-MEH Courtroom Minutes Judge Marcia S. Krieger Page 2 ORDER:

Document 133

Filed 09/06/2006

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Opinion No. 1, that 70 percent of the practice would have followed the plaintiff had Shopko not interfered with the practice. The Court finds that Dr. Gerber' s qualifications and methodology are insufficient to satisfy the requirement of 702; therefore, this opinion is not admissible. Opinion No. 2, that there is a 20 percent referral rate by the patient base of the patients' friends and family to a practice. The Court finds that there is no reliable methodology that has been established to support this opinion. Opinion No. 3: Dr. Gerber can testify based upon his experience and expertise that if a doctor does a good job patients tend to stay with the doctor.

ORDER:

The Court sets a deadline for September 18, 2006 for counsel to file any motion regarding a 702 hearing for Dr. Bhagat. Court in recess.

3:26 p.m.

Total Time: 1 hour 38 minutes. Hearing concluded.