Free Motion to Vacate - District Court of Colorado - Colorado

Case 1:01-cv-02089-MSK-CBS

Document 241

Filed 04/24/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-2089-MSK-CBS DEAN A. BRAMLET, M.D., Plaintiff, v. ASPEN VALLEY HOSPITAL DISTRICT, Defendant. ______________________________________________________________________________ JOINT MOTION TO VACATE RULE 702 HEARING ON VOCATIONAL EXPERTS ______________________________________________________________________________ The parties, by and through their undersigned counsel, respectfully request the Court's permission to withdraw the Joint Rule 702 Motion relating to testimony of their respective vocational experts and enter an Order vacating the Rule 702 hearing currently set for May 11, 2006, at 8:00 a.m. This Joint Motion is based on the following: 1. The parties have had extensive discussions in an attempt to resolve their dispute

pertaining to the testimonies of their respective vocational experts, Diane DeWitt and Michael Shahnasarian. 2. The parties have been attempting to resolve this dispute without expending

substantial amounts of Court time, attorney time and the expenses of bringing both experts to Denver to testify before the trial. 3. The outstanding dispute between the parties pertains to psychological, rather than

vocational, testimony by either expert.

Case 1:01-cv-02089-MSK-CBS

Document 241

Filed 04/24/2006

Page 2 of 3

4. A.

The parties have resolved this dispute through the following stipulation: Both Dr. DeWitt and Dr. Shahnasarian will limit their respective expert opinions

and testimony to vocational expert testimony relating to whether Dr. Bramlet's actions and behavior were vocationally reasonable. Neither witness will offer, either on direct or cross examination, any opinion as a psychologist, or any opinion about Dr. Bramlet's psychological condition, any diagnosis of Dr. Bramlet's psychological condition, or any psychological tests performed on Dr. Bramlet and the results of such tests; B. Counsel for the parties have largely reached agreement on which testimony by Should any issues arise at trial in

each expert is vocational and which is psychological.

connection with whether testimony by either expert is vocational or psychological, neither counsel will raise such issue in the presence of the jury before the parties have reached an agreement or the Court has ruled on whether the disputed testimony is vocational or psychological. 5. Based upon the above stipulation, the parties respectfully request the Court's

permission to withdraw the Joint Rule 702 Motion relating to vocational experts DeWitt and Shahnasarian and request that the Court enter an Order vacating the hearing on said Motion, which is currently set for May 11, 2006, at 8:00 a.m. WHEREFORE, the parties request that the Court enter the attached Order vacating the Rule 702 hearing set for May 11, 2006, at 8:00 a.m.

Case 1:01-cv-02089-MSK-CBS

Document 241

Filed 04/24/2006

Page 3 of 3

Dated this 24th day of April, 2006. LEAVENWORTH & KARP, P.C. By: s/ Sander N. Karp Sander N. Karp 201 14th Street, Suite 200 Glenwood Springs, Colorado 81601 Tel. 970.945.2261 [email protected] Attorneys for Plaintiff

FORD & HARRISON, LLP By: s/ Colleen Rea_________________ Colleen Rea, Esq. 1675 Broadway, Suite 2150 Denver, CO 80202 [email protected] Attorneys for Defendant

Denver:11419.1