Delorey et al v. P & B Transportation, Inc. et al

Filing 124

Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: granting in part and deferring ruling on in part 56 Order on Motion in Limine; deferring ruling on 76 Order on Motion in Limine; deferring ruling on 77 Order on Motion in Lim ine; granting 122 Motion for Order. Trial briefs shall be filed not later than 5/4/09 and responses to trial briefs shall be filed not later than 5/6/09. Trial Preparation Conference held on 4/27/2009. (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 27, 2009

Civil Action No: 07-cv-01916-WYD-KMT VERONICA I. DELOREY; and DENNIS P. DELOREY, Plaintiffs, v. P & B TRANSPORTATION, INC.; and DAVID HONDL, Defendants.

Counsel: Stefanie Seldon

J. Bradley Hardman Joel A. Palmer

COURTROOM MINUTES

TRIAL PREPARATION CONFERENCE 4:11 p.m. Court in Session APPEARANCES OF COUNSEL. Court's opening remarks. 4:13 p.m. Discussion regarding outcome of hearing before Magistrate Judge Kathleen M. Tafoya. Plaintiffs' Motion to Permit Telephonic or Teleconference Testimony of a Lay Witness, Tanga Williams, at Trial [doc. #122], filed April 27, 2009, is raised for argument. 4:14 p.m. Argument by Plaintiffs (Ms. Selden).

-1-

4:16 p.m. 4:18 p.m. ORDERED:

Argument by Defendants (Mr. Palmer). Argument by Plaintiffs (Ms. Selden). Plaintiffs' Motion to Permit Telephonic or Teleconference Testimony of a Lay Witness, Tanga Williams, at Trial [doc. #122], filed April 27, 2009, is GRANTED. Witness Tanga Williams will be allowed to testify by video conference. Counsel shall meet and confer in an attempt to resolve issues pertaining to the scope of the testimony of Tanga Williams. Discussion regarding exhibit lists, witness lists, and estimated length of trial. Parties shall file amended exhibit and witness lists not later than Wednesday, May 6, 2009. Pending motions are raised for argument.

ORDERED:

4:26 p.m. ORDERED:

4:55 p.m. 4:58 p.m. 5:01 p.m. 5:04 p.m. ORDERED:

Argument by Defendants (Mr. Palmer). Argument by Plaintiffs (Ms. Selden). Argument by Defendants (Mr. Palmer). Argument by Defendants (Mr. Palmer). Plaintiffs' First Motion in Limine [doc. #56], filed December 10, 2008, is GRANTED IN PART and DEFERRED IN PART. Defendants' Motion in Limine [doc. #76], filed March 13, 2009, is DEFERRED. Plaintiffs' Second Motion in Limine [doc. #77], filed March 13, 2009, is DEFERRED. Discussion regarding time limits for opening statements. Opening statements shall not exceed forty-five (45) minutes per side. Court outlines procedures for voir dire and jury selection. Counsel will be allowed supplemental voir dire not to exceed fifteen (15) to twenty (20) minutes per side.

ORDERED: ORDERED:

5:09 p.m. ORDERED: 5:11 p.m. ORDERED:

-2-

ORDERED:

Counsel shall file trial briefs, addressing the threshold issues outlined by the Court, not later than Monday, May 4, 2009. Responses to trial briefs shall be filed not later than Wednesday, May 6, 2009. Court in Recess - HEARING CONCLUDED

ORDERED: 5:25 p.m.

TOTAL TIME: 1:14

-3-