Chavez v. Hatterman et al

Filing 256

Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: deferring ruling on 163 Motion for Sanctions; granting in part and deferring ruling in part on 229 Motion in Limine; granting in part and denying in part 241 Motion to Strike ; Trial Preparation Conference held on 4/15/2009. (Court Reporter Therese Lindblom.) (wydcd, rrk)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CHIEF JUDGE WILEY Y. DANIEL

Courtroom Deputy: E.C.R./Reporter:

Robert R. Keech Therese Lindblom

Date: April 15, 2009

Civil Action No: 06-cv-02525-WYD-CBS RICHARD G. CHAVEZ, Plaintiff, v. DARREN HATTERMAN, et al., Defendants.

Counsel: Heather K. Kelly Thomas B. Quinn

Heidi M. Miller Michelle C. Tyler

COURTROOM MINUTES

TRIAL PREPARATION CONFERENCE 3:04 p.m. Court in Session APPEARANCES OF COUNSEL. Court's opening remarks. ORDERED: Plaintiff's Motion for Sanctions [doc. #163], filed December 5, 2008, is DEFERRED UNTIL TRIAL. Counsel shall not make any reference to the Court giving an adverse inference jury instruction in opening statements. Counsel shall meet and confer and file revised exhibit lists. Defendants' Motion to Strike Plaintiff's Expert [doc. #241], filed April 8, 2009, is raised for argument.

ORDERED:

ORDERED:

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3:07 p.m. ORDERED:

Argument by Defendants (Ms. Miller). Defendants' Motion to Strike Plaintiff's Expert [doc. #241], filed April 8, 2009, is GRANTED IN PART and DENIED IN PART. Plaintiff's shall provide a revised opinion from expert witness H. Ellis Armistead shall submit a revised opinion to counsel for defendants. Discussion regarding jury instructions and exhibits. Plaintiff's Motion in Limine to Exclude Evidence of Prior Crimes, Wrongs, or Acts Pursuant to Fed.R.Evid. 403, 404, 608, and 609 [doc. #229], filed March 27, 2009, is raised for argument.

ORDERED:

3:09 p.m.

3:11 p.m. 3:18 p.m. 3:24 p.m. 3:28 p.m. ORDERED:

Argument by Defendants (Ms. Miller). Argument by Plaintiff (Ms. Kelly). Argument by Defendants (Ms. Miller). Argument by Plaintiff (Ms. Kelly). Plaintiff's Motion in Limine to Exclude Evidence of Prior Crimes, Wrongs, or Acts Pursuant to Fed.R.Evid. 403, 404, 608, and 609 [doc. #229], filed March 27, 2009, is GRANTED IN PART and RULING RESERVED IN PART. No mention of the crimes of disarming a police officer and vehicular eluding shall be made in opening statements. Discussion regarding schedule for trial and estimated length of trial being approximately four or five days. Court outlines trial procedure and jury selection process.

ORDERED:

3:35 p.m.

3:42 p.m. 3:44 p.m. ORDERED:

Discussion regarding plaintiff being in handcuffs and leg irons. Discussion regarding evidence to be presented at trial. Each side will be allowed supplemental voir dire not to exceed twenty (20) minutes. Court in Recess - HEARING CONCLUDED

3:45 p.m.

TOTAL TIME: 0:41 -2-