Free Trial Preparation Conference - District Court of Colorado - Colorado

Case 1:03-cv-01654-MSK-MEH

Document 161

Filed 11/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Maureen Nelson Court Reporter: Paul Zuckerman Civil Action No. 03-cv-01654-MSK-OES Parties: RONAN TYNAN, Plaintiff, v. BROADMOOR HOTEL, INC., a Colorado corporation, TUBULAR SPECIALTIES MANUFACTURING, INC., a California corporation, Defendants. Mark Overturf Richard Rediger Bradley Ross-Shannon Counsel Appearing: David Palmer Brian Duffy Naomi Beer Date: November 8, 2005

COURTROOM MINUTES

HEARING: Final Trial Preparation Conference 8:19 a.m. Court in session.

Discussion regarding an agreement as to the claims asserted against defendant Tubular Specialties Manufacturing, Inc. The Court inquires of the parties whether they wish to dismiss those claims today. Both parties agree claims should be dismissed today. Oral findings and conclusions of law are made of record and incorporated herein. ORDER: All claims by the plaintiff Ronan Tynan against Tubular Specialties Manufacturing Inc. are dismissed with prejudice. The caption on all future pleadings will delete Tubular Specialties Manufacturing Inc.

Argument on pending motions. Oral findings and conclusions of law are made of record and incorporated herein. ORDER: ORDER: Motion for Summary Judgment (Doc. #123) is denied without prejudice. Motion to Strike Portions of Defendant Broadmoor Hotel' Summary Judgment s Reply Brief (Doc. #155) is denied.

Case 1:03-cv-01654-MSK-MEH ORDER:

Document 161

Filed 11/08/2005

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Motion for Leave to Adopt Prior Defendant American Specialties, Inc. and CoDefendant, The Broadmoor (Doc. #133) is denied as moot.

Discussion regarding witness and exhibit lists and trial allotted for trial. The Court directs the parties to submit one set of jury instructions, amended witness and exhibit lists within 10 days. Discussion regarding claims in the case. ORDER: Affirmative defenses of collateral source, injuries attributable to a third party and contribution are dismissed.

Opening statements shall be 15 minutes and no exhibits or references to exhibits can be used (including demonstrative exhibits.) Closing arguments shall be 30 minutes. Admitted exhibits may be used in closing arguments and demonstratives aides may be used upon the agreement of the parties 9:08 p.m. Court in recess.

Total Time: 49 minutes Hearing concluded