Free Pretrial Conference - Final - District Court of Colorado - Colorado

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

Document 112

Filed 11/17/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Maureen Nelson Court Reporter: Paul Zuckerman Civil Action No. 04-cv-00456-MSK Parties: JOHN C. DAW, O.D. and JOHN C. DAW O.D., P.C., a Colorado corporation, Plaintiffs, v. SHOPKO STORES, INC., a Delaware corporation, Defendant. Stephen Hopkins Torben Welch Counsel Appearing: Theodore Finn Gerald Jorgensen Mark Bowman Date: November 17, 2005

COURTROOM MINUTES

HEARING: Final Trial Preparation Conference 8:12 a.m. Court in session.

Plaintiff John C. Daw present in the courtroom and Defendant representative, Don Bye, present by telephone. Argument on Pending Motions. Oral findings and conclusions of law are made of record and incorporated herein. ORDER: ORDER: Motion for Summary Judgment (Doc. #62) is denied as moot. Motion for Summary Judgment on All Claims (Doc. #79) is denied without prejudice to its renewal pursuant to Rule 50 at the end of the presentation of the plaintiff's case. Motion to Exclude Plaintiff' Proposed Trial Exhibits (Doc. #80) is denied in s part and granted in part. The Court declines to grant the request to strike all exhibits because the supplied exhibits were not in paper format, were not timely and were not designated as the exhibits. The Court grants the motion in part, directing that plaintiffs shall produce physical copies of the proposed exhibits within five days. The request for fees is denied.

ORDER:

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

Document 112

Filed 11/17/2005

Page 2 of 2

ORDER:

Motion in Limine to Exclude Defendant' Expert (Doc. #85) is denied without s prejudice. The plaintiff may raise the issue at the time Ms. Siderius is called by the defendant. Motion to Strike Proposed Testimony of Plaintiffs'Lay Witness W. Kent Mount (Doc. #88) is denied. It can be raised at the time of trial when there is a proffer of exactly what the testimony will be. Motion to Strike Plaintiffs'Trial Brief (Doc. #98) is denied. The defendant' s request for sanctions is denied. A two hour hearing on the Joint Motion for Ruling Under Fed. R. Evid. 702 (Doc. #102) is set for December 6, 2005 at 10:00 a.m. in Courtroom A901, 901 19th Street, Denver, Colorado. Motion to Dismiss Claims Pursuant to Fed.R.Civ.P.41(b) (Doc. #103) is granted. Claims for bad faith, breach of insurance contract and civil conspiracy are dismissed at the plaintiff's request. If the defense desires to bring a Rule 11 request for sanctions they may do so after the conclusion of this matter. Motion to Allow Video Conference Testimony (Doc. #104) is granted. Mr. Gerber better may testify by video connection assuming that suitable arrangements can be worked out. Motion to Amend Witness List (Doc. #105) is granted.

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Discussion regarding voir dire, witness list, exhibit list and jury instructions. The chess clock will be used during trial. ORDER: The parties have 5 days to correct the exhibit list.

Discussion regarding claims in the case. The Court addresses the parties. Both parties have no objection to jurors being given questionnaires after the trial and have no objections to jurors taking notes. 9:24 a.m. Court in recess.

Total Time: 1 hour 12 minutes Hearing concluded