Leprino Foods Co v. Factory Mutual Ins

Filing 204

Minute Entry - Courtroom Minutes for Pretrial Conference held on 2/6/2009 before Judge Richard P. Matsch. ORDERED: Defendant's Motion in Limine to Exclude Evidence of and Testimony About a Cardboard Pallet and Syrup Sample, filed January 21, 20 09 189 , is denied. Plaintiff's Motion to Bar Any Opinion of Dr. Mark Young Concerning Off-Gassing of Other Products as Source of Damage, filed January 2009 192 ,is denied. Plaintiff's Motion in Limine to Bar Any Argument or Evidence Reg arding Leprino's Disposal of the Damage Cheese, filed January 22, 2009 193 , is granted. Defendant's Motion in Limine to Exclude Evidence of Other Litigation Involving Gress, filed January 21, 2009 190 , is granted. Defendant's Mot ion in Limine to Exclude Testimony of Jim Leprino, filed January 21, 2009 191 ,is granted in part and denied in part. Testimony about the importance of insurance is excluded. Objections in the video deposition of Mark White are sustained. Plaintiff's Unopposed Motion for Accommodation, filed February 2, 2009 199 is granted. No pretrial order entered.(Reporter FTR - K. Terasaki) (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: February 6, 2009 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________ Civil Action No. 02-cv-01559-RPM-BNB LEPRINO FOODS COMPANY, Plaintiff, v. FACTORY MUTUAL INSURANCE COMPANY, Michael Pope John C. Nemeth William Brittan Michael Weaver Richard Russeth

Russell Yates Matthew Mersfelder Defendant. Scott P. Baker ____________________________________________________________________________

COURTROOM MINUTES ____________________________________________________________________________ Pretrial Conference 2:03 p.m. Court in session.

Court gives copies of its proposed statement of case and jury instructions for counsel to review. 2:05 p.m. 2:22 p.m. Court in recess. Court in session.

Discussion regarding scope of trial and pending motions. ORDERED: Defendant's Motion in Limine to Exclude Evidence of and Testimony About a Cardboard Pallet and Syrup Sample, filed January 21, 2009 [189], is denied. Plaintiff's Motion to Bar Any Opinion of Dr. Mark Young Concerning OffGassing of Other Products as Source of Damage, filed January 2009 [192], is denied. Plaintiff's Motion in Limine to Bar Any Argument or Evidence Regarding Leprino's Disposal of the Damage Cheese, filed January 22, 2009 [193], is granted. Defendant's Motion in Limine to Exclude Evidence of Other Litigation Involving Gress, filed January 21, 2009 [190], is granted.

ORDERED:

ORDERED:

ORDERED:

February 6, 2009 02-cv-01599-RPM ORDERED: Defendant's Motion in Limine to Exclude Testimony of Jim Leprino, filed January 21, 2009 [191],is granted in part and denied in part. Testimony about the importance of insurance is excluded. Objections in the video deposition of Mark White are sustained.

ORDERED:

Discussion regarding witnesses and trial length. Counsel estimate 3 to four day trial. Court states its trial practices and procedures. Counsel agree to confer regarding the necessity of defendant's Exhibit A-2 and demonstratives. ORDERED: ORDERED: 2:50 p.m. Plaintiff's Unopposed Motion for Accommodation, filed February 2, 2009 [199] is granted. No pretrial order entered. Court in recess.

Hearing concluded. Total time: 30 min.

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