Free Pretrial Conference - Final - District Court of Colorado - Colorado

Case 1:03-cv-01291-MSK-CBS

Document 351

Filed 12/13/2005

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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-01291-MSK-CBS Parties: FRIEDA E. ENSSLE, BURKE E. ENSSLE, HEIDI ENSSLE WILSON, Plaintiff, v. ILLINOIS TOOL WORKS, INC., SAMES CORPORATION, BINKS RESEARCH & DEVELOPMENT CORPORATION, JOHN DOE/JANE DOE (any person receiving value for transfer of Binks R&D assets), Defendants. Matt Sostrin/Robin Lunn Bill Senter Angela Devine Counsel Appearing: Peter Rogers Asimakis P. Iatridis Date: December 13, 2005

COURTROOM MINUTES

HEARING: Final Trial Preparation Conference 8:08 a.m. Court in session.

Plaintiffs, Frieda Enssle and Burke Enssle, present in the courtroom. Heidi Enssle Wilson present by telephone. Mr. Dan Burkhardt, who has power of attorney for Ms. Wilson, also present in the courtroom. Client representatives for the defendants, Phil Dallosto, Katie Irvine Falkenburg and Ilene Korey, present in the courtroom. Discussion regarding witness time. The chess clock shall be used. Discussion regarding disputed issues of facts and exhibit list. ORDER: Within 10 days the parties are to submit a jury instruction with stipulated facts.

Case 1:03-cv-01291-MSK-CBS

Document 351

Filed 12/13/2005

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Argument on pending motions. Oral findings and conclusions of law are made of record and incorporated herein. ORDER: ORDER: ORDER: Motion for Extension of Time to File (Doc. #316) is granted. Motion to Dismiss Counts 2 and 3 (Doc. #196) is denied. Motion to Dismiss Count 4 (Doc. #304) is granted. Claim 4 of the Second Amended Complaint is dismissed. Motion for Reconsideration re Order on Motion for Extension of Time (Doc. #331) is denied. Motion in Limine to Limit Testimony of Defendants (Doc. #312) is denied. Motion in Limine to Exclude Reference to Boulder Creek (Doc. #333) is denied without prejudice.

ORDER:

ORDER: ORDER:

The parties may not make reference to any exhibit, any demonstrative exhibit or demonstrative aid during opening statements . ORDER: Motion in Limine to Exclude the CDPHE' December 15, 2003 Letter (Doc. s #335) is denied without prejudice. The issue may be raised at the time of trial. Motion in Limine to Exclude Certain Testimony of Chuck McClulloch (Doc. #336) is denied without prejudice. It may be raised if and when Mr. McClulloch is proffered as a witness. Motion in Limine to Exclude Reference to David Clayton' Alleged Conflict of s Interest (Doc. #337) is denied. Motion in Limine to Exclude Certain Testimony of Frieda Enssle (Doc. #338) is denied without prejudice. Motion in Limine to Exclude Certain Hazardous Waste Manifests (Doc. #339) is denied.

ORDER:

ORDER:

ORDER:

ORDER:

Discussion regarding remaining claims and which claims will be handled by the jury and which claims will be handled by the bench. ORDER: Simultaneous briefs on the unjust enrichment claim shall be submitted within 10 days, no responses. Claims 13, 19, and 20 are withdrawn and are dismissed.

ORDER:

Case 1:03-cv-01291-MSK-CBS

Document 351

Filed 12/13/2005

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No objection by either party to juror note taking and the jurors being given both questionnaires after the trial. Discussion regarding trial process. Tendered jury instructions shall be submitted to Ms. Nelson the day before the charging conference. Opening statements shall be 30 minutes for the plaintiff and each defendant. Closing arguments shall be 1 hour for the plaintiff and each defendant (including rebuttal.) The Court addresses the parties. 9:31 a.m. Court in recess.

Total Time: 1 hour 23 minutes Hearing concluded