Free Amended Minute Entry - District Court of Colorado - Colorado

Case 1:04-cv-01818-RPM

Document 94

Filed 07/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: July 6, 2006 Courtroom Deputy: J. Chris Smith ECR Technician: Kathy Terasaki ___________________________________________________________________________ Civil Action No. 04-cv-01818-RPM STEVEN G. KISER, Plaintiff, v. GORDON HARDENBERGH, M.D., VAIL VALLEY EMERGENCY PHYSICIANS, P.C., VAIL CLINIC, INC., and VAIL VALLEY MEDICAL CENTER FOUNDATION, Daniel McCune Miles Buckingham Stephen Mullen Jerome Reinan

Defendants. ___________________________________________________________________________ AMENDED COURTROOM MINUTES ___________________________________________________________________________ Pretrial Conference 1:54 p.m. Court in session.

Court reviews proposed final pretrial order with counsel. Discussion regarding collateral source and applicable Colorado statute issue. Mr. Reinan states notice was sent to Golden Rule Insurance, Medicaid, Medicare, Golden Rule responded and a notice of subrogation claim was not filed. Mr. Buckingham contends the notice was late and therefore not in compliance with the statute. Mr. Reinan states he does not know, at this time, whether the notice was late. ORDERED: Defendants have 10 days to file their brief regarding collateral source issue . Plaintiff shall file his response accordingly.

Court instructs Mr. Reinan to check on obtaining an assignment from the insurance companies. Discussion regarding defendants' Daubert issue regarding Dr. Nasraway. Court states no Daubert hearing will be held before trial.

Case 1:04-cv-01818-RPM

Document 94

Filed 07/06/2006

Page 2 of 2

July 6, 2006 04-cv-01818-RPM Mr. Reinan acknowledges issue of foreseeable consequences for some of the out of pocket expenses. Counsel state they anticipate stipulating to the authenticity of records. Counsel tender amended exhibit lists. Court states expert opinion testimony shall be taken live, in court, during the course of the trial. Court explains its videotape deposition / read transcript deposition practice and procedure. ORDERED: Deadline for final lists of exhibits and witnesses is October 16, 2006. 11 day jury trial scheduled February 26, 2007. Proposed jury instructions and voir dire shall be submitted directly to chambers in paper format 10 days before trial.

Court states its jury selection procedure. (Jury of 12, seat 18 and strike 6). Court states it will conduct all voir dire and jurors are not permitted to take notes or ask questions. Court further states the IME with Dr. Mathews is permitted. Court instructs counsel to request a trial preparation conference if necessary. ORDERED: Final Pretrial Order approved.

Court states its view regarding motions in limine and that it permits the filing of trial briefs. 2:34 p.m. Court in recess.

Hearing concluded. Total time in court: 40 min.

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