Free Motion to Withdraw Document - District Court of Colorado - Colorado

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

Document 240

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 WITHDRAW JOINT RULE 702 MOTION RELATED TO EXPERT WITNESS LAURA VOIGHT AND TO VACATE 702 HEARING __________________________________________________________________________ The parties, by and through their undersigned counsel, respectfully request the Court's permission to withdraw the Joint Rule 702 Motion relating to Ms. Voight and enter an Order vacating the Rule 702 hearing currently set for May 11, 2006, at 11:00 a.m. This Joint Motion is based on the following: 1. The parties have had extensive discussions in an attempt to resolve their

differences pertaining to the testimony of Ms. Laura Voight, an expert witness disclosed and listed by the Plaintiff. The outstanding issue between the parties pertaining to Ms. Voight's testimony relates to a report of the Joint Commission on Accreditation of Hospitals, dated July 8, 2002 ("JCAHO Report"). 2. Defense counsel has filed a Motion in Limine which includes a challenge to the

JCAHO Report and any testimony, from any witness (including Ms. Voight), relating to the JCAHO Report and its contents.

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

Document 240

Filed 04/24/2006

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3. The parties believe that the issue raised in the Joint Rule 702 Motion regarding Ms. Voight would be most appropriately resolved by way of the Motion in Limine or by way of objection to Ms. Voight's testimony at trial, rather than by way of the Joint Rule 702 Motion. 4. The parties have been attempting to resolve this dispute without expending

substantial amounts of Court time, attorney time and the expenses of bringing Ms. Voight to Denver to testify before the trial. With the recent invaluable assistance of Magistrate Judge Shaffer, the parties have now resolved the dispute through the following stipulation: A. Should the Court resolve the Motion in Limine relating to the JCAHO Report and

Ms. Voight's testimony relating to the JCAHO Report prior to trial, the testimony of Ms. Voight will be consistent with any such ruling. Thus, should the Court exclude the JCAHO Report and any testimony about the JCAHO Report, no such testimony will be elicited from Ms. Voight; B. Should the Court not resolve the Motion in Limine relating to the JACHO Report

and Ms. Voight's testimony relating to the JCAHO Report prior to trial, counsel for the Plaintiff will not mention the JACHO Report or any of its contents in the presence of the jury before the Court rules on its admissibility. This includes not mentioning the JCAHO Report or any of its contents in opening statement or in any question posed to any witness, and not offering the JCAHO Report into evidence in the presence of the jury, until the Court has ruled on the admissibility of the JCAHO Report and its contents.

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

Document 240

Filed 04/24/2006

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5.

Based upon the above stipulation, the parties respectfully request the Court's

permission to withdraw the Joint Rule 702 Motion relating to Ms. Voight and request that the Court enter an Order vacating the hearing on said Motion, which is currently set for May 11, 2006, at 11:00 a.m. Respectfully submitted, LEAVENWORTH & KARP, P.C. By: s/ Sander N. Karp__________ Sander N. Karp, Esq. 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Phone (970) 945-2261 Fax (970) 945-7336 [email protected] Attorneys for Plaintiff FORD & HARRISON, LLP By: s/ Colleen M. Rea__________ Colleen M. Rea, Esq. 1675 Broadway, Suite 2150 Denver, CO 80202 Phone (303) 592-8860 Fax (303) 592-8861 [email protected] Attorneys for Defendant Denver:11416.1

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