Durham v. Hood et al

Filing 279

Minute Entry for proceedings held before Judge Marcia S. Krieger: Motion Hearing held on 3/13/2009. 239 Motion for Summary Judgment is DENIED without prejudice; 250 Motion to Seal is DENIED as moot, but the documents will remain sealed. Minutes reflect the ruling as to plaintiff's expert James Repace. Dispositive Motions,if any, due by 4/13/2009. (Court Reporter Paul Zuckerman.) (mskcd) Modified on 3/16/2009 to move Motion Hearing sentence to include with first sentence (wjc, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: March 13, 2009

Civil Action No. 05-cv-01282-MSK-KLM P a r t i e s: JEFFREY SCOTT DURHAM, Plaintiff, v. ROBERT A. HOOD, T.G. WERLICH, RANDY MADISON, Defendants. COURTROOM MINUTES HEARING: Continued F.R.E. 702 (Joint Motion at Doc # 237) Marcy Cook Counsel Appearing: Marci Gilligan Philip Rosmarin

This hearing is continued from February 24, 2009. 9:03 a.m. Court in session.

Continued cross examination of witness Dale Drysdale by Mr. Rosmarin. Mr. Drysdale appears by video conference. James Repace is present by telephone. No redirect examination. 9:25 a.m. 9:37 a.m. Court in recess Court in session

Defendants rest. Rebuttal testimony of plaintiff.

Courtroom Minutes Judge Marcia S. Krieger Page 2 Witness for the plaintiff : James Repace: 9:40 a.m. Direct Examination by Mr. Rosmarin. The witness appears by video conference and has previously been sworn. Mr. Drysdale is present by telephone. Cross examination of witness by Ms. Cook. No redirect examination. No further testimony. Argument by Mr. Rosmarin and Ms. Cook. Oral findings are incorporated herein and made a part of the record. ORDER: (James Repace) Opinions 1, 2 and 3 were stipulated to by counsel as to adequate factual foundation under Rule 702 and may be proffered at the time of trial. Opinions 4 through 10 have inadequate foundation under Rule 702 and are excluded. Opinion No. 11 was previously withdrawn. Motion for Summary Judgment (Doc. #239) is DENIED without prejudice. Motion to Seal Exhibits (Doc. #250) is DENIED as moot, but the documents will remain sealed. Dispositive motions, if any, will be filed by April 13, 2009. Court in recess.

ORDER: ORDER: ORDER: 11:48 a.m.

Total Time: 2 hours 33 minutes. Hearing concluded.