Hertz v. Luzenac America Inc

Filing 512

ORDER. As set forth on the record during the September 16, 2011 trial preparation conference hearing, it is HEREBY ORDERED as follows: The Second Trial Preparation Conference set for 10/14/2011 at 10:00 am, is VACATED, and a Motions Hearing and Further Trial Preparation Conference is re-set for 10/21/2011 at 10:00 am. By Judge Lewis T. Babcock on 9/16/2011. (sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
LEWIS T. BABCOCK, JUDGE
Civil Case No. 04-cv-01961-LTB-CBS

SANFORD LEE HERTZ,
Plaintiff and Counterclaim Defendant,
v.
LUZENAC AMERICA, INC., a Delaware Corporation,
Defendant and Counterclaim Plaintiff.
______________________________________________________________________________
ORDER
______________________________________________________________________________
As set forth on the record during the September 16, 2011 trial preparation conference
hearing, it is HEREBY ORDERED as follows:
1. The Second Trial Preparation Conference set for Friday, October 14, 2011 at 10:00
am, is VACATED, and a Motions Hearing and Further Trial Preparation Conference is re-set for
October 21, 2011 at 10:00 am. In anticipation of that hearing, the parties shall file on or before
October 17, 2011, the following:
A.

Revised and updated exhibit lists, following an exhibit conference by
counsel, indicating any new stipulations as to admissibility and
authenticity, as well as a listing of which proposed trial exhibits
originating from non-party IMI Fabi remain designated as “Highly
Confidential” or “Confidential” Materials as discussed infra;

B.

Hardcopies of the designated portions of the proposed deposition
testimony for trial, after the parties have resolved the
insubstantial/immaterial objections, with Hertz’s designation marked in
blue highlighter, Luzenac’s designation marked with green highlighter,
and objections underlined in red with the objecting party indicating, in the
margin, the basis for this objection; and

C.

Each party’s proposed voir dire questions for the court.

2. In addition, at the hearing set on October 21, 2011 at 10:00 am., I will take argument
from the parties on the following pre-trial motions filed by Luzenac: (1) Motion In Limine to
Exclude Evidence of a July 31, 2003 E-mail from Claude Stenneler to Corrado Fabi [Doc #
506]; (2) Motion In Limine to Exclude Evidence of the Premature Birth and Death of Plaintiff’s
Twin Infants [Doc # 507]; and (3) Motion In Limine to Exclude Evidence Of and Reference To
Hertz’s First Lawsuit [Doc #509]. Hertz is ordered to file with the court responses to these
motions on or before October 3, 2011.
3. Following arguments from counsel, including counsel for IMI Fabi, a non-party, I
AMEND the Stipulated Protective Order [Doc #100] that governs this matter, as follows:
A.

In preparation for trial, exhibits and depositions previously designated as
“Highly Confidential Materials” or “Confidential Materials” by Luzenac
may now be disclosed to Mr. Hertz; and

B.

Both parties’ counsel shall meet with counsel for non-party IMI Fabi and
provide copies of all proposed trial exhibits, as well as any deposition
testimony to be used at trial, that were either provided in discovery by IMI
Fabi, or originated with IMI Fabi (and provided by Mr. Hertz), designated
as Highly Confidential or Confidential Materials. Counsel for IMI Fabi
will then review the documents to determine which of those may be
unsealed for trial. A list of the proposed trial exhibits that originated from
IMI Fabi that continue to be designated as Highly Confidential or
Confidential Materials shall be provided to the court as discussed supra.

Dated: September

16

, 2011 in Denver, Colorado.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, JUDGE

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