Bristol Company Limited Partnership v. Bosch Rexroth Incorporated et al

Filing 201

ORDER. Five-day Jury Trial set for 12/12/2011 at 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 12/9/2011 at 08:30 AM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 6/16/11. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 06-cv-00011-PAB-MJW
BRISTOL COMPANY LIMITED PARTNERSHIP, a Nevada Limited Partnership,
Plaintiff,
v.
BOSCH REXROTH INCORPORATED, a Pennsylvania Corporation,
ROBERT BOSCH CORPORATION, a Delaware Corporation, and
BOSCH REXROTH CANADA CORP/CORPORATION BOSCH REXROTH CANADA,
a Canadian Corporation,
Defendants.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter has been scheduled for an five-day jury trial on the docket of Judge
Philip A. Brimmer in the U.S. District Courthouse, Courtroom A701, 7th Floor, 901 19th
Street, Denver, Colorado, to commence on December 12, 2011 at 8:00 a.m. and
continuing through December 19, 2011.
A Trial Preparation Conference is set for December 9, 2011 at 8:30 a.m.
Fourteen days before the trial preparation conference, counsel shall submit
proposed jury instructions and verdict forms. The jury instructions shall identify the
source of the instruction and supporting authority, e.g. § 103, Fed. Jury Practice,
O’Malley, Grenig, and Lee (5th ed.). The parties shall submit their instructions and
verdict forms both via CM/ECF and by electronic mail to
[e-mail] in Word Perfect format (Word Perfect 12 or a
later version) or Word format. Verdict forms shall be submitted in a separate file from

jury instructions. Within the jury instruction file, each jury instruction shall begin on a
new page.
Each instruction should be numbered (e.g., “Plaintiff’s Instruction No. 1”) for
purposes of making a record at the jury instruction conference. The parties shall
attempt to stipulate to the jury instructions, particularly “stock” instructions and verdict
forms.
In diversity cases where Colorado law applies, please submit instructions and
verdict forms that conform to CJI-Civ 4th.
Seven days before the trial preparation conference, the parties shall file via
CM/ECF (1) their proposed voir dire questions; (2) their witness lists; and (3) their
exhibit lists. Forms of the witness and exhibit lists are found at
http://www.cod.uscourts.gov/Judges/Judges.aspx. Please add at least ten additional
blank rows at the end of the exhibit list to accommodate any additional exhibits that may
be introduced at trial.
To the extent the deadlines and other provisions of this order conflict with this
Court’s Practice Standards, this order shall control.
The parties shall be prepared to address the following issues at the Trial
Preparation Conference:
1)

jury selection;

2)

sequestration of witnesses;

3)

timing of presentation of witnesses and evidence;

4)

anticipated evidentiary issues;

5)

any stipulations as to fact; and
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6)

any other issue affecting the duration or course of the trial.

The Court held a status conference in this matter on June 16, 2011. Pursuant to
the agreement of the parties, it is
ORDERED that the deadline to supplement previously served written discovery is
July 15, 2011. It is further
ORDERED that the deadline to complete supplemental Rule 30(b)(6) depositions
is July 30, 2011. It is further
ORDERED that the deadline to supplement plaintiff’s expert reports is August 15,
2011. It is further
ORDERED that the deadline to complete the deposition of plaintiff’s damages
expert is September 10, 2011. It is further
ORDERED that the deadline to supplement defendants’ expert reports is
September 15, 2011. It is further
ORDERED that the deadline to complete the deposition of defendants’ damages
expert is October 15, 2011. It is further
ORDERED that the deadline for filing motions in limine is October 21, 2011. It is
further
ORDERED that the deadline for filing responses to motions in limine is October
31, 2011. It is further
ORDERED that defendants may substitute a different damages expert for
Catherine Lawton. Should plaintiff choose to depose the new damages expert,
defendants shall pay the cost of making such expert available for deposition in Denver,

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Colorado and shall reimburse plaintiff for its attorneys fees and costs in conducting the
first day of such deposition.

DATED June 16, 2011.
BY THE COURT:

s/ Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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