Giles et al v. Gravity Play Entertainment, LLC et al

Filing 137

Minute Entry for proceedings held before Judge Philip A. Brimmer: Trial Preparation Conference held on 4/17/2009. Overruling 87 APPEAL OF MAGISTRATE JUDGE DECISION to District Court; denying 115 Order on Motion in Limine; granting 116 Motion for Leave. (Court Reporter Janet Coppock) (pabcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER COURTROOM MINUTES Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Date: April 17, 2009 Time: 41 minutes

CASE NO. 07-cv-00401-PAB-KLM Parties KATHERINE GILES, and ZURICH AMERICAN INSURANCE COMPANY, Plaintiff (s), vs. THE INFLATABLE STORE, INC., Defendant (s). Marilyn Doig Miles Dewhirst Counsel John Purvis Richard Rardin

TRIAL PREPARATION CONFERENCE 11:05 a.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Ms. Doig and Mr. Dewhirst appear by telephone. Matter set for 7-day jury trial, commencing May 4, 2009 at 8:00 a.m. Court and counsel discuss Judge Brimmer's Practice Standards, including jury selection of 9, proposed voir dire by counsel and their objections, opening statements limited to 30 minutes per side, witnesses, exhibits, stipulations of facts and jury instructions.

Page Two 07-cv-00401-PAB-KLM April 17, 2009 ORDERED: Defendant shall re-due its exhibit list to comply with Judge Brimmer's Practice Standards. ORDERED: Counsel directed to combine and label their stipulations as exhibits. Court addresses counsel's objections to the proposed voir dire questions. Discussion regarding sequestration of lay and expert witnesses. Court and counsel discuss counsel's objections to deposition designations. Defendant's Motion for Leave to Designate Expert Witness (Doc #116), filed 4/13/09. 11:59 a.m. Argument by Mr. Dewhirst. Questions by the Court.

Record should reflect that the Court has received and read the response and affidavit to defendant's motion filed by the plaintiff 12:12 p.m. 12:22 p.m. Argument by Mr. Purvis. Questions by the Court. Further argument by Mr. Dewhirst.

Court states its findings. ORDERED: Defendant's Motion for Leave to Designate Expert Witness (Doc #116), filed 4/13/09 is GRANTED, but limited only to the 222 mg/dl blood alcohol level that was measured by the hospital. ORDERED: Appeal of Magistrate Judge Decision (Doc #87), filed 9/4/08 is OVERRULED. ORDERED: Plaintiff's Motion in Limine (Doc #115), filed 4/13/09 is DENIED. 12:39 p.m. COURT IN RECESS 41 minutes

Total in court time: Hearing concluded