Excel-Jet, Ltd. v. USA

Filing 109

ORDER denying 104 Motion to BifurcateTwo Week Bench Trial set for 5/3/2010 09:00 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. Trial Preparation Conference set for 2/1/2010 at 01:30 PM in Courtroom A1002 before Chief Judge Wiley Y. Dan iel. Trial Preparation Conference set for 3/2/2010 at 09:30 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. Trial Preparation Conference set for 4/15/2010 at 11:00 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. by Chief Judge Wiley Y. Daniel on 12/1/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 07-cv-02181-WYD-BNB (consolidated with 08-cv-01218-WYD-BNB) EXCEL-JET, LTD., a Colorado corporation, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant. ORDER THIS MATTER came before the Court for a status conference and hearing on Defendant's Motion for a Separate Trial on the Existence and Location of Wake Turbulence (docket #104), filed October 23, 2009. At the hearing on November 30, 2009, I heard argument from both parties as to the pending motion and the estimated length of a trial to the Court. After carefully reviewing the file and considering the parties' remarks at the hearing, I deny Defendant's motion for a separate trial pursuant to Fed. R. Civ. P. 42 and enter the following trial management schedule for the reasons stated on the record at the November 30, 2009 hearing. Accordingly, it is ORDERED that Defendant's Motion for a Separate Trial on the Existence and Location of Wake Turbulence (docket #104), filed October 23, 2009, is DENIED. It is FURTHER ORDERED that a two-week trial to the Court is set for Monday, May 3, 2010 at 9:00 a.m. It is FURTHER ORDERED that Final Trial Preparation Conferences are set for the

following three dates: Monday, February 1, 2010 at 1:30 p.m.; Tuesday, March 2, 2010 at 9:30 a.m.; and Thursday, April 15, 2010 at 11:00 a.m. It is FURTHER ORDERED that the parties shall meet and confer and file a joint document detailing each witness that will be testifying at the trial, a summary of the testimony, and an estimated length of such testimony not later than Friday, January 22, 2010. The document shall also provide whether the parties intend to file any motions in limine. It is FURTHER ORDERED that the parties shall meet and confer and file an amended exhibit list and an amended witness list not later than Monday, February 22, 2010. It is FURTHER ORDERED that the parties shall file proposed findings of fact and conclusions of law in accordance with my practice standards not later than Monday, February 22, 2010. It is FURTHER ORDERED that the parties shall comply with all other deadlines and directives mandated by me at the November 30, 2009 status conference or set forth in my practice standards. Dated: December 1, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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