Morrison v. MacDermid, Inc. et al

Filing 126

Minute Entry for proceedings held before Judge Christine M. Arguello: Daubert Hearing held on 3/16/2009. Denying 60 Plaintiffs Pretrial Motion in Limine; Granting 102 Defendants First Motion in Limine Concerning Plaintiffs Accounting Allegations; Granting 104 Defendants Second Motion in Limine Concerning Plaintiffs Estimates of Lost Future Earnings ; Granting 118 Defendants Motion in Limine to Seal Confidential Trial Exhibit in the Record; Counsel shall provide the Court with additional submissions as to Defendants Third Motion in Limine 101 , Status Report due 3/18/09; (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: March 16, 2009

Civil Action No. 07-cv-01535-CMA-MJW Parties: PAUL J. MORRISON, an individual, Plaintiff, v. MACDERMID, INC., a Colorado corporation, DONALD G. OGILVY, individually, and in his official capacity as Member of the Board of Directors and Chairman of the Audit Committee, Defendants. ______________________________________________________________________ COURTROOM MINUTES ______________________________________________________________________ HEARING: Daubert 8:30 a.m. Court in session. Edwin Aro Anna Edgar Counsel: Bryan Kuhn

Sworn and testified: TAYLOR SIMONTON: 8:33 a.m. Direct examination by Mr. Aro. Admitted as an expert in the field of accounting and auditing in general corporate governance. 9:04 a.m. Cross-examination. Exhibit received: 1, 2. 9:08 a.m. Witness excused. Argument. ORDER: Plaintiff's Pretrial Motion in Limine (60) is denied.

ORDER: ORDER:

Defendants' First Motion in Limine Concerning Plaintiff's Accounting Allegations (102) is granted. Defendants' Second Motion in Limine Concerning Plaintiff's Estimates of Lost Future Earnings (104) is granted to the extent that Mr. Morrison would testify as to anything other than his personal knowledge as to what he was making versus what he is making now. Defendants' Motion in Limine to Seal Confidential Trial Exhibit in the Record (118) is granted.

ORDER:

DEADLINES/HEARINGS: Status report due March 18, 2009. Counsel shall provide the Court with additional submissions as to Defendants' Third Motion in Limine (101). ORDER: Upon the conclusion of the hearing, counsel for the parties shall retain custody of their respective exhibits until such time as all need for the exhibits has terminated and the time to appeal has expired or all appellate proceedings have been terminated plus sixty days. Court in recess/hearing concluded.

9:30 a.m.

Total in-court time: 1:00

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