Free Motion Hearing - District Court of Colorado - Colorado

Case 1:04-cv-00332-REB-CBS

Document 110

Filed 11/18/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer Civil Action No.: 04-cv-00332-REB-CBS FTR - Reporter Deck, Crtrm A402 Date: November 18, 2005 Courtroom Deputy, Ellen E. Miller __________________________________________________________________________________ SCOTT HILL, individually, Darin L. Schanker THE ESTATE OF APRIL HILL, Robin K. Auld Scott Hill, Personal, Representative, Kenneth Senn JOHN PAUL, Conservator R. Keith Fuicelli for the Estate of Hope Paul, a minor, Bastion Kane SCOTT HILL, conservator for the Estate of Katelyn Hill, a minor, GENE CRABTREE, Conservator for the Estate of Dennis Scoggins, a minor, Plaintiff(s), v. WESTERN DOOR, a division of LUMBER PRODUCTS, INC., a foreign corporation, doing business in Colorado, and CRISTOBAL BONILLA, Defendant(s). John R. Riley Kevin J. Kuhn

COURTROOM HEARING: MOTIONS HEARING Court in Session: 10:40 a.m. Court calls case. Appearance of counsel.

MINUTES / MINUTE ORDER

It is noted the new Trial Date is June 19, 2006. Discussion is held regarding the Defendants' Motion to Strike. The deposition of Ms. Tucker was originally noticed for November 22, 2005. The Defendants do not object to the taking of Ms. Tucker' s deposition, but had objected to the timing. On behalf of the Plaintiffs, Mr. Senn withdraws the Notice of Deposition of Ruth Tucker. On behalf of the Defendants, Mr. Riley makes an Oral Motion to Withdraw their Motion to Strike. With no objection,

Case 1:04-cv-00332-REB-CBS

Document 110

Filed 11/18/2005

Page 2 of 2

It is ORDERED:

The Defendants' ORAL MOTION TO WITHDRAW THE MOTION TO STRIKE THE NOTICE OF DEPOSITION OF RUTH TUCKER is GRANTED, and The Defendants' MOTION TO STRIKE THE NOTICE OF DEPOSITION OF RUTH TUCKER (Docket No. 97, Filed November 15, 2005) is WITHDRAWN.

Discussion is held regarding Defendants' Motion to Strike Supplemental Expert Disclosures. The Court suggests counsel review FED.R.Civ.P. 26(a)(3) and FED.R.Civ.P. 26(e)(1) regarding supplements by experts of their opinions. Counsel will determine if the motion is to stay open or if the motion will be withdrawn.

It is ORDERED:

The Defendants' MOTION TO STRIKE SUPPLEMENTAL EXPERT DISCLOSURES REGARDING PAUL PAXTON AND GREGORY MECHLER (Docket No. 96, Filed November 15, 2005) is HELD IN ABEYANCE.

The Court contemplates an arrangement which allows the two experts to be deposed only as to their supplemental opinions; with the Defendants paying the fees charged by the experts to attend the depositions. If Judge Blackburn upholds his prior ruling and eliminates any necessity for these depositions, the Plaintiff would be required to reimburse the Defendants for those deposition fees.

It is ORDERED:

ORAL ARGUMENT is set DECEMBER 13, 2005 at 10:30 a.m. The Court will hear argument on Plaintiffs' Motion to Compel and For Sanctions (Docket No. 94, Filed November 14, 2005) Defendants RESPONSE is due no later than November 28, 2005

HEARING CONCLUDES. Court in recess: 11:45 a.m. Total In-Court Time: 01:05