Sun Construction Company, Inc. v. Torix General Contractors, LLC et al

Filing 249

Minute Entry for proceedings held before Judge Lewis T. Babcock: ORDERED: Intervenor Plaintiffs Motion to Strike Expert Testimony of Richard Kerr Under Fed. R. Evid. 702 215 is DENIED. Jury Trial - Day Eleven - held on 11/16/2010. Trial continued, (Court Reporter: Gwen Daniel) (ltbcd, )

United States of America For The Use and Benefit of Sun Construction ...neral Contractors, LLC et al

Doc. 249

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Date: November 16, 2010 Courtroom Deputy: Deborah Hansen Court Reporter: Gwen Daniel _____________________________________________________________________ Civil Case No. 07-cv-01355-LTB-MJW
UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF SUN CONSTRUCTION COMPANY, INC., a Colorado corporation, Plaintiff, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation, Intervenor Plaintiff,

Counsel: Curtis R. Henry Jeffrey C. Culbertson

Patrick Q. Hustead Connor L. Cantrell

v.
TORIX GENERAL CONTRACTORS, LLC, a Colorado limited liability company f/k/a Alliance General Contractors, LLC; and ST. ANDREWS/ALLIANCE JOINT VENTURE, a joint venture, Defendants and Counterclaimants, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation, Defendants.

Bret R. Gunnell Matthew O. Stromquist

Bret R. Gunnell Matthew O. Stromquist

_____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ JURY TRIAL - Day Eleven 09:00 a.m. Court in Session - without jury 1

Dockets.Justia.com

Discussion re Richard Kerr 09:02 jury present Court's reminder to the jury regarding experts and opinion testimony DEFENDANT JOINT VENTURE'S SIXTH WITNESS RICHARD KERR 09:04 Direct (by Mr. Gunnell) Defendant Joint Venture tenders Mr. Kerr as an expert witness on behalf of the Joint Venture to provide opinion testimony for this jury in the areas of construction scheduling and damages analysis based on his qualifications and special expertise and using methodologies accepted within the construction industry. 09:51 jury excused Court's comments Voir dire re Intervenor Plaintiff's Motion to Strike Expert Testimony of Richar Kerr Under Fed. R. Evid. 702 (Doc No. 215) 09:55 Voir dire (by Mr. Cantrell) 10:10 Voir Dire (by Mr. Gunnell) 10:20 Court's findings entered on the record. ORDERED: The objection goes to the weight rather than its admissibility. Intervenor Plaintiff's Motion to Strike Expert Testimony of Richard Kerr Under Fed. R. Evid. 702 (Doc No. 215) is DENIED. 10:44 Court in Recess 10:58 Court in Session - jury present The Court advises the jury that the Court qualifies Mr. Kerr as a witness who can state opinions as to delay, cause for delay, damages and back charges and their reasonableness, which, of course, are opinions for the jury to consider. DEFENDANT JOINT VENTURE'S SIXTH WITNESS RICHARD KERR 10:58 Direct continued (by Mr. Gunnell) 11:56 Court in Recess 01:00 Court in Session

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DEFENDANT JOINT VENTURE'S SIXTH WITNESS RICHARD KERR 01:00 Direct continued (by Mr. Gunnell) 02:24 Court in Recess 02:40 Court in Session - without jury Mr. Henry's comments - they may renew the motion to strike Mr. Kerr's testimony 02:45 jury present 03:09 Cross (by Mr. Hustead) 03:54 p.m. Court in Recess Trial continued Time: 5/20

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