Free Trial Preparation Conference - District Court of Colorado - Colorado

Case 1:04-cv-00860-WDM-PAC

Document 415

Filed 10/04/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock

Date: October 4, 2006 Time: one hour 25 minutes

CASE NO. 04-cv-00860-WDM Parties ROBERT ALWARD, Plaintiff, vs. VAIL RESORTS, INC., et al Defendants. Sherri Heckel Kuhlmann Michael J. Hofmann Counsel Nina Kazazian Mike Mattis Anna Cayton-Holland

FINAL TRIAL PREPARATION CONFERENCE

3:10 p.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Matter set for 5-day jury trial, commencing October 16, 2006. Counsel advised they are the first civil set case but there is a criminal case also set. Discussion regarding the possibilities of settlement. Court will assist counsel if a Magistrate Judge could be of assistance. Court and counsel discuss Judge Miller' Trial Procedures, including jury selection of 7, s

Case 1:04-cv-00860-WDM-PAC

Document 415

Filed 10/04/2006

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voir dire by counsel, limited to 10 minutes, witnesses and exhibits. Page Two 04-cv-000860-WDM-PAC October 4, 2006 ORDERED: Counsel shall submit a revised joint exhibit list by 9:00 a.m. on October 11, 2006. ORDERED: Further Trial Preparation Conference set at 3:30 p.m. on October 12, 2006. Court and counsel discuss the final pretrial order and counsel' objections. s ORDERED: Counsel shall file their stipulated facts by 9:00 a.m. on October 11, 2006. Discussion regarding defendant' counterclaim and why that claim should be decided s by the Court and not the jury. ORDERED: Counsel shall identify which defenses they will be asserting by 9:00 a.m. on October 11, 2006. Court and counsel discuss pending motions. ORDERED: Plaintiff' Motion for Extension of Time to File Motions in Limine/Motion s for Clarification (Doc #321), filed 9/5/06 is GRANTED. ORDERED: Defendants' Motion in Limine to Exclude Evidence of Contractual Damages Arising from Plaintiff' Decision to Move to Canada (Doc #322), s filed 9/5/06 is DENIED. ORDERED: Defendants' Motion in Limine to Exclude Evidence of Stray Comments Made by Two Non-Decisionmakers (Doc #324), filed 9/5/06 is DENIED as MOOT. ORDERED: Defendants' Motion in Limine to Exclude Reference to Alleged Title VII Sex Discrimination Against Others and Alleged Title VII Retaliation Against Plaintiff (Doc #325), filed 9/5/06 is DENIED as MOOT. ORDERED: Defendants' Motion in Limine to Exclude Statistical Evidence of Alleged Discrimination (Doc #326), filed 9/5/06 is DENIED as MOOT. ORDERED: Defendants' Motion to Dismiss Plaintiff' Three ERISA Claims (Doc #377), s filed 9/27/06 is DENIED as MOOT.

Case 1:04-cv-00860-WDM-PAC

Document 415

Filed 10/04/2006

Page 3 of 3

Page Three 04-cv-00860-WDM-PAC October 4, 2006 ORDERED: Defense counsel may respond to Plaintiff' Motion to Strike Proposed s Pretrial Order, Proposed Jury Instructions, Answer to Complaint and Counterclaim. 4:35 p.m. COURT IN RECESS 85 minutes

Total in court time: Hearing concluded