Free Motion Hearing - District Court of Colorado - Colorado

Case 1:04-cv-00865-REB-CBS

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IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF COLORADO Magistrate Judge Craig B. S haffer

Civil Action No.: 04-cv-00865-REB-CBS Date: S eptember 09, 2005

FTR - Reporter Deck Courtroom A402 Courtroom Deputy, Ellen E. M iller

ESTATE OF APRIL HILL, SCOTT HILL, individually and as personal representative of estate and as conservator of the Estate of Katelyn Hill Plaintiff(s), v. ALLSTATE INSURANCE COMPANY, MERASTAR INSURANCE COMPANY, PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant(s).

Robert B. Carey Co Horgan

Terence M. Ridley Gregory S. Tamkin Casey A. Quillen

COURTROOM MINUTES HEARING: MOTIONS HEARING Court in session: 8:33 a.m. Court calls case. Appearance of counsel. Discussion is held regarding the pending motions. M r. Ridley tenders to the Court copies of letter he had written to attorney Kenneth Senn, dated February 1, February 4, and February 25, 2005. M r. Carey tenders to the Court an Allstate Application Document (M archand Exhibit).

It is ORDERED:

Defendant Allstate' M OTION FOR LEAVE TO FILE s (1) AM ENDED ANSWER AND COUNTERCLAIM ; AND

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(2) THIRD-PARTY COM PLAINT AGAINST JOHN PAUL (Docket No. 92, Filed July 21, 2005) is GRANTED for reasons as stated on the record. In light of this ruling, if Plaintiff deems some depositions have to be re-opened, the Plaintiff may seek such relief from the Court. The Court deems that the parties have complied here with the Court' Discovery Conference Procedures. s

It is ORDERED:

Defendants'M OTION FOR EXTENSION OF TIM E TO FILE REBUTTAL NON-INSURANCE EXPERT DISCLOSURES AND TO CONDUCT EXPERT DISCOVERY (Docket No. 104, Filed August 19, 2005) is GRANTED.

The deadline is extended only for rebuttal experts. If the Defendant designates any expert that Plaintiff deems is out of that specific category, Plaintiff has the right to file an appropriate motion to strike or challenge testimony.

It is ORDERED:

Defendant Allstate' M OTION FOR LEAVE TO FILE SECOND s AM ENDED ANSWER AND COUNTERCLAIM (Docket No. 109, Filed August 29, 2005) is GRANTED for reasons as stated on the record.

A s t o this motion, M r. Ridley notes two affirmative defenses: set off to the extent there is a judgment or settlement in the Western Door case and that exists under the law of Colorado, and asserting contractual rights under the policy - the right to a recovery depending on what happens in the Western Door case.

It is ORDERED:

The parties' JOINT M OTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER (Docket 113, Filed Sep t ember 01, 2005) is GRANTED, and the PROPOSED STIPULATED PROTECTIVE ORDER is accepted and made an order of the court.

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It is ORDERED:

Plaintiff Scott Hill' THIRD M OTION FOR EXTENSION OF TIM E s TO CONDUCT SPECIFIC LAY WITNESS DEPOSITIONS (Docket No. 115, Filed September 01, 2005) is DENIED without Prejudice with leave to renew at a future date, for reasons as stated on the record.

Counsel are to confer and work to get depositions completed by September 30. If the depositions cannot be completed by September 30, 2005, counsel are to contact chambers to set a Telephonic Conference to discuss a new deadline. If the new deadline is not before October 17, 2005, the Dispositive M otions Deadline will also be addressed.

It is ORDERED:

Defendant Allstate' M OTION FOR LEAVE TO FILE SECOND s AM ENDED ANSWER AND COUNTERCLAIM (Docket No. 109, Filed August 29, 2005) is GRANTED for reasons as stated on the record.

As to this motion, M r. Ridley notes two affirmative defens es : s et off to the extent there is a judgment or settlement in the Western Door case and that exists under the law of Colorado, and asserting contractual rights under the policy - the right to a recovery depending on what happens in the Western Door case.

It is ORDERED:

A TELEPHONIC STATUS CONFERENCE S EPTEMBER 20, 2005 at 1:30 p.m.

is set

No later than SEPTEM BER 16, 2005 the parties shall submit to the Court a Joint Status Report. Any proposed discovery modifications are to be included in the Joint Status Report.

M r. Ridley notes he has attempted to obtain various documents from the Plaintiffs attorneys in the Western Door case which would relate to this case including deposition transcripts of medical and vocational experts. The Court directs counsel to notice up those depositions. If after conferring in compliance with D.C.COLO.LCivR 7.1A the issue does not resolve, counsel shall

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contact chambers to set a conference call with the Court.

HEARING CONCLUDES. Court in recess: 10:12 a.m. Total In-Court Time: 01:42