Thiebaut et al v. Colorado Springs Utilities et al

Filing 320

Minute Entry for proceedings held before Judge Walker D. Miller: denying as moot 249 Order on Motion in Limine; Bench Trial - Day Eight completed on 2/7/2008. ORDERED: Counsel may file revised findings and conclusions by 2/25/08, limited to 30 pages. (Court Reporter Janet Coppock) (wdmcd)

Sierra Club v. Colorado Springs Utilities et al

Doc. 320

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER COURT ROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock

Date: February 7, 2008 Time: 3 hours and 10 minutes

CASE NO. 05-cv-01994-WDM-BNB Parties SIERRA CLUB, Plai nti ff, vs. CITY OF COLORADO SPRINGS, et al, Defendants. John Walsh Ingrid Barrier Jennifer Hunt Counsel Eric Huber Christy Denney

TRIAL TO COURT - DAY EIGHT

9:03 a.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Daniel Higgins, Client Representative for the defendant is also present. 9:04 a.m. Cross examination of defendant's witness Adrienne Nemura by Mr. Huber contin ues.

Dockets.Justia.com

Page Two 05-cv-01994-W DM-BNB February 7, 2008 Defendant's exhibit I31 (page 33) identified, offered and ADMITTED. 9:49 a.m. Redirect examination by Ms. Barrier.

W itness excused. 9:59 a.m. Direct examination by defendant's witness Cornelius W. Corrsmit

Defendant's exhibit I39A identified, offered and ADMITTED. Ms. Barrier moves to render Cornelius W. Corrsmit an expert on wastewater utility rates, rates structure and economics. No objection by Mr. Huber. ORDERED: Cornelius W. Corrsmit is qualified to render expert opinion on wastewater utility rates, rates structure and economics. 10:25 a.m. 10:45 a.m. COURT IN RECESS COURT IN SESSION Cross examination by Mr. Huber. W itness excused. Defendant rests. Defendant's exhibits V1 and V2 identified, offered and ADMITTED. Plaintiff's exhibit 281 identified, offered and ADMITTED over objection. ORDERED: Plaintiff's Motion in Limine to Exclude Expert Opinions of Neumra and Gersberg (Doc #249), filed 8/28/07 is DENIED as MOOT. 10:58 a.m. 2:02 p.m. COURT IN RECESS COURT IN SESSION Closing arguments by Mr. Huber. Questions by the Court. 2:33 p.m. Closing arguments by Mr. Walsh. Questions by the Court.

Page Three 05-cv-01994-W DM-BNB February 7, 2008 3:20 p.m. Rebuttal closing arguments by Mr. Huber. Questions by the Court.

ORDERED: Matter Taken Under Advisement. ORDERED: Counsel may file revised findings and conclusions by February 25, 2008, not to exceed 30 pages. 3:37 p.m. COURT IN RECESS 190 minutes

Total in court time: Hearing concluded