Watson et al v. Dillon Companies, Inc. et al

Filing 892

MINUTE ENTRY for Evidentiary Motions Hearing held before Judge Wiley Y. Daniel on August 8, 2013: ORDERED: The Defendants Dillon Companies' Motion to Alter or Amend Final Judgment Pursuant to Fed.R.Civ.P. 59 And 60 815 is GRANTED as follows: The non-economic award for Plaintiffs against Defendant Gilster-Mary Lee is reduced from 800,000 to 366,250. The amounts that will be awarded in favor of Plaintiffs against Defendant Gilster-Mary Lee are: total economic damages, 534,368.80; non-eco nomic damages, 366,250; physical impairment, 360,000; for a total of 1,260,618.80. Punitive damages are reduced, in favor of the Plaintiffs against Defendant Gilster-Mary Lee in the amount of 1,260,618.80.The Court will enter a written order se tting forth its findings. ORDERED: Plaintiffs' Motion for Trebling Damages Under C.R.S. § 6-1-113 817 is DENIED. The Court will enter a written order setting forth its findings. ORDERED:The portion of Plaintiffs' Motion for Attorney Fees and Costs Pursuant to CRS § 6-1-113 826 that requests costs IS DENIED WITHOUT PREJUDICE. The Clerk's Office has come up with a cost award of $38,439.78 865 . If Plaintiffs wish the Court to consider a higher cost awarded, they will have to file a supplemental document and then the defendants will be allowed to respond. ORDERED:The Motions are taken under advisement.Hearing concluded. Court Reporter: Mary George. (wjmcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
SENIOR JUDGE WILEY Y. DANIEL

Courtroom Deputy:
E.C.R./Reporter:

Deborah Hansen
Mary George

Date: August 8, 2013

Civil Action No: 08-cv-00091-WYD-CBS

Counsel:

WAYNE WATSON and
MARY WATSON,

Kenneth B. McClain
Steven E. Crick
Andrew K. Smith

Plaintiffs,
v.
DILLON COMPANIES, INC., et al.,

Brett M. Godfrey
Paul J. Rupprecht
Corey L. Gordon

Defendants.

COURTROOM MINUTES

EVIDENTIARY MOTIONS HEARING
10:04 a.m.

Court in Session
APPEARANCES OF COUNSEL.
Cory Gordon, Esq. enters his appearance.
The Court tells Mr. Gordon that he must enter his written appearance as
soon as possible.
Court’s comments
The Court takes up the Defendants Dillon Companies’ Motion to Alter or
Amend Final Judgment Pursuant to Fed.R.Civ.P. 59 And 60
(ECF No. 815) and the Plaintiffs’ Motion to Alter or Amend the Court’s
September 26, 2012 Judgment for Purposes of Increasing the Punitive
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Damages Ratio Under CRS § 13-12-102 Or, In The Alternative, Trebling
Damages Under CRS § 6-1-113 (ECF No. 817)
10:38

Argument by Plaintiffs (Mr. McClain)

11:00

Argument by Defendants (Mr. Godfrey)

11:08

Court’s comments

11:11

Argument by Plaintiffs (Mr. McClain)
Court’s comments

11:25

Argument by Defendants (Mr. Godfrey)

11:34

Argument by Plaintiffs (Mr. McClain)
Court’s comments

11:49

Argument by Defendants (Mr. Godfrey)

ORDERED: The parties shall meet and confer over the lunch hour regarding the
amount of the request for fees; and accommodating Mr. O’Donnell.
11:59
01:38

Court in Recess
Court in Session
Court’s comments

ORDERED: The Defendants Dillon Companies’ Motion to Alter or Amend Final
Judgment Pursuant to Fed.R.Civ.P. 59 And 60 (ECF No. 815) is
GRANTED as follows:
The non-economic award for Plaintiffs against Defendant GilsterMary Lee is reduced from 800,000 to 366,250.
The amounts that will be awarded in favor of Plaintiffs against
Defendant Gilster-Mary Lee are: total economic damages, 534,368.80;
non-economic damages, 366,250; physical impairment, 360,000; for a
total of 1,260,618.80.
Punitive damages are reduced, in favor of the Plaintiffs against
Defendant Gilster-Mary Lee in the amount of 1,260,618.80.
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The Court will enter a written order setting forth its findings.
ORDERED: Plaintiffs’ Motion for Trebling Damages Under C.R.S. § 6-1-113
(ECF No. 817) is DENIED.
The Court will enter a written order setting forth its findings.
Court’ comments
Mr. McClain’s comments concerning whether or not they are going to
reduce their request for attorneys’ fees
The Court takes up the Plaintiffs’ Motion for Attorney Fees and Costs
Pursuant to C.R.S. § 6-1-113 [ECF No. 826]
DEFENDANTS’ WITNESS MICHAEL O’DONNELL
01:52 Direct (by Mr. Godfrey)
02:04 Court
02:05 Direct
02:09 Court
02:10 Direct
02:24 Court
02:24 Direct
02:30 Court’s colloquy with Mr. McClain
02:32 Direct continued
02:37 Court
02:40 Cross (by Mr. McClain)
PLAINTIFFS’ WITNESS STUART OLLANIK
03:00 Direct (by Mr. McClain)
03:08 Court
03:18 Direct
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03:24 Court in Recess
03:41 Court in Session
PLAINTIFFS’ WITNESS STUART OLLANIK
03:43 Direct continued (by Mr. McClain)
03:45 Court
03:51 Direct
03:57 Court
03:58 Direct
04:07 Cross (by Mr. Godfrey)
04:26 Evidence closed.
04:27 Argument (by Mr. Crick)
04:35 Argument (by Mr. McClain)
04:40 Argument (by Mr. Godfrey)
Court’s comments
04:44 Argument continued (by Mr. Godfrey)
ORDERED: The portion of Plaintiffs’ Motion for Attorney Fees and Costs
Pursuant to CRS § 6-1-113 [ECF No. 826] that requests costs IS
DENIED WITHOUT PREJUDICE. The Clerk’s Office has come up with
a cost award of $38,439.78 [ECF No. 865]. If Plaintiffs wish the Court
to consider a higher cost awarded, they will have to file a
supplemental document and then the defendants will be allowed to
respond.
ORDERED: The Motions are taken under advisement.
04:55 p.m.

Court in Recess
Time: four hours and 55 minutes
Hearing concluded

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