James River Insurance Company v. Rapid Funding, LLC

Filing 197

Minute Entry for proceedings held before Judge Christine M. Arguello: GRANTING IN PART AND DENYING IN PART 134 Rapid Fundings Order on Motion in Limine; GRANTING 144 James River Insurance Companys Unopposed Motion in Limine; GRANTING 145 James River Insurance Companys Unopposed Motion in Limine; DENYING 146 James River Insurance Companys Motion in Limine; DENYING 147 James River Insurance Companys Motion in Limine; DENYING 148 James River Insurance Companys Motion in Limine; DENYING 149 James River Insurance Companys Motion in Limine; GRANTING 150 James River Insurance Companys Motion in Limine; GRANTING 151 James River Insurance Companys Motion in Limine; DENYING 152 James River Insurance Companys Motion in Limine; defe rring ruling on 153 James River Insurance Companys Motion in Limine; DENYING 154 James River Insurance Companys Motion in Limine; DENYING 155 James River Insurance Companys Motion in Limine; DEFFERULING ruling on 156 James River Insurance Com panys Motion in Limine; DENYING 157 James River Insurance Companys Motion in Limine; GRANTING IN PART AND DENYING IN PART 161 James River Insurance Companys Order on Motion in Limine; Motion Hearing held on 4/24/2009. (Court Reporter Darlene Martinez.) (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE CHRISTINE M. ARGUELLO Courtroom Deputy: Valeri P. Barnes Court Reporter: Darlene Martinez Date: April 24, 2009

Civil Action No. 07-cv-01146-CMA-BNB Parties: RAPID FUNDING, LLC, a Colorado Limited Liability Company, Plaintiff, v. JAMES RIVER INSURANCE COMPANY, an Ohio Corporation, Defendant. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ HEARING: Motions 2:03 p.m. ORDER: Court in session. Rapid Funding's Motion in Limine (134) is granted in part and denied in part as to the following paragraphs: 1) Denied as to post claim compliance with the policy terms; granted as to pre-claim 2) Granted. 3) Denied. 4) Denied. 5) Denied. 6) Granted to the extent it is unfairly prejudicial. 7) Deferred. 8) Denied. Brent Anderson Kyle Seedorf Counsel: Michael Burg David TeSelle Thomas Henderson, IV Brian Matise

ORDER: ORDER: ORDER: ORDER:

James River Insurance Company's Unopposed Motion in Limine Re Noneconomic Damages (144) is granted. James River Insurance Company's Unopposed Motion in Limine Re Attorney Fees (145) is granted. James River Insurance Company's Motion in Limine Re Redundant and/or Duplicative Expert Testimony (146) is denied. James River Insurance Company's Motion in Limine to Exclude Evidence of a Company Motto (147) is denied. The Company's motto Shall not be used excessively used or cumulative. James River Insurance Company's Motion in Limine Re Reliance on, Reference to or Support of Andrew Miller Valuation Opinion (148) is denied. Mr. Miller can testify regarding his activities as owner and as to his preparation of claims forms, subject to limiting instruction to be prepared by James River. James River Insurance Company's Motion in Limine Re Diminution of Value (149) is denied to the extent it is tied to what the value of the north building is and nothing else. James River Insurance Company's Motion in Limine Re Zoning (150) is granted to the extent it relates to any evidence with respect to post fire changes. James River Insurance Company's Motion in Limine to Exclude Evidence of James River's Underwriting Practices After Rapid Funding's Claim of Loss (151) is granted to the extent it relates to any subsequent changes. James River Insurance Company's Motion in Limine Re Underwriting (152) is denied. James River Insurance Company's Motion in Limine to Exclude Argument and Evidence of Prior Insurance Coverage (153) is deferred. James River Insurance Company's Cross-Motion in Limine to Exclude Argument and Evidence and Evidence of "No Changed Conditions" to Property (154) is denied. James River Insurance Company's Motion in Limine Re Swett & Crawford (155) is denied. 2

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James River Insurance Company's Motion in Limine to Exclude Evidence of Site Inspections Report (156) is deferred. James River Insurance Company's Motion in Limine to Exclude Evidence of Paul Davis National Budget (157) is denied, but only as to testimony, not as an exhibit unless foundation is laid. James River Insurance Company's Motion in Limine to Exclude Evidence of Profitability and Loss Ratios (161) is granted in part and denied in part. Granted to the extent the testimony would elicit dollar figures; denied to the extent it is limited to general percentages.

ORDER:

Court ruled on deposition designations. 4:05 p.m. 4:21 p.m. Court in recess. Court in session.

Continued ruling on deposition designations. DEADLINES/HEARINGS: 1) Counsel shall draft a limiting instruction, per Order, on James River Insurance Company's Motion in Limine Re Reliance on, Reference to or Support of Andrew Miller Valuation Opinion (148). 2) Simultaneous briefing on whether counsel can call undesignated witnesses off opposing sides' witness lists due April 25, 2009. 5:07 p.m. Court in recess/hearing concluded.

Total in-court time: 2:48

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