Hansen v. DJO, Incorporated et al

Filing 262

Minute Entry for Motion Hearing held before Judge Marcia S. Krieger on 7/29/2010. 155 ; 157 ; 159 ; 162 Motions for Summary Judgment are all DENIED without prejudice with leave to seek reconsideration following the 702 determination. 153 Joint Motion to Exclude is GRANTED and the Rule 702 Evidentiary Hearing is set for 1/26/2011 08:30 AM in Courtroom A 901 before Judge Marcia S. Krieger. Other deadlines are as set forth in the Minutes. (Court Reporter Paul Zuckerman) (mskcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: July 29, 2010

Civil Action No. 08-cv-00365-MSK-CBS P a r t i e s: STACEY ANN HANSEN, Plaintiff, v. DJO, INCORPORATED, f/k/a DJ Orthopedics, Inc., and I-FLOW CORPORATION, Defendants. COURTROOM MINUTES HEARING: 3:39 p.m. Court in session. James Johnson Marilyn Jager (by telepone) Erin Graham (by telephone) Jordan Lipp Counsel Appearing: Leslie O'Leary (by telephone) Tom Powers (by telephone) Donald Jones

Counsel are present as listed above. The Court addresses the pending summary judgment motions (Doc. #155, 157, 159 and 162). Counsel are in agreement with the Court that they need not be considered until after the 702 determination is made. ORDER: The motions for summary judgment (Doc. #155, 157, 159 and 162) are DENIED without prejudice, with leave to seek reconsideration once the 702 issues with regard to the opinions on general causation are resolved. The motions need not be refiled.

The Court addresses the parties joint 702 motion (Doc. #153) and time needed for the hearing.

Courtroom Minutes Judge Marcia S. Krieger Page 2 Statements from several counsel. ORDER: The Joint 702 Motion for hearing (Doc. #153) is GRANTED. The 702 hearing is scheduled on January 26, 2011 at 8:30 a.m. Sixty (60) days before the hearing the plaintiff will disclose to defendants which witness will be rendering the opinion at the hearing. Defendant I-Flow's reply brief (on 702) will be filed by September 13, 2010.

At the close of hearing on January 26, 2011, the parties will address the need for further hearings for purposes of 702. 4:21 p.m. Court in recess.

Total Time: 42 minutes. Hearing concluded.