Ain v. UNUM Life Insurance Company of America

Filing 202

Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: granting in part and denying in part 129 Motion in Limine; Jury Trial (Day 3) held on 1/13/2010. (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: January 13, 2010

Civil Action No: 08-cv-00540-WYD-BNB JONATHAN AIN, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant.

Counsel: William L. Keating Deidre E. Ostrowski

Jack M. Englert, Jr. Robert M. Thomas

COURTROOM MINUTES

TRIAL TO JURY (DAY 3) 9:15 a.m. 9:17 a.m. Court in Session - Jury enters Plaintiff's witness Lorie J. Rosen resumes. Direct examination by Plaintiff (Mr. Keating). EX ID: 36, 30, 19, E, 18, 19, E, 14, 17, 16, 11, 16, 136, 18, 8 Exhibit/s 30, 19, E (page 1 only), 17, 16, 8 (pages 1 through 14 only) RECEIVED. 10:29 a.m. Jury excused Court's remarks to counsel and parties about remaining civil and respectful. 10:30 a.m. Court in Recess

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10:53 a.m. 10:54 a.m.

Court in Session - Jury enters Plaintiff's witness Lorie J. Rosen resumes. Direct examination by Plaintiff continues (Mr. Keating). EX ID: deposition of Lorie Rosen 1/8/09 for purposes of impeachment, 60

11:07 a.m.

Jury excused Discussion and argument regarding objection by Defendant to exhibits 59 and 60.

11:09 a.m.

Direct examination by Plaintiff continues (Mr. Keating). EX ID: 60, 59 Further discussion and argument regarding objection by Defendant to exhibit 59, 60, and 61 - SUSTAINED IN PART and OVERRULED IN PART. Exhibit 61 shall be redacted as set forth by the Court on the record. Objection by Defendant is SUSTAINED as to exhibit 60 and OVERRULED as to exhibit 59. Direct examination by Plaintiff continues (Mr. Keating). Jury enters Plaintiff's witness Lorie J. Rosen resumes. Direct examination by Plaintiff continues (Mr. Keating). EX ID: 59, 61, 40, 28

11:15 a.m.

11:32 a.m. 11:33 a.m.

Exhibit/s 59, 61 (as redacted), 40 RECEIVED. 12:03 p.m. ORDERED: 12:04 p.m. 1:42 p.m. Jury excused Plaintiff shall submit a paper version of redacted exhibit 61 after lunch. Court in Recess Court in Session - Jury not present Discussion regarding schedule of witnesses this afternoon and tomorrow. 1:45 p.m. Jury enters

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1:45 p.m.

Plaintiff's witness Lorie J. Rosen resumes. Cross examination by Defendant (Mr. Englert). EX ID: E, 18, 16, 9

Exhibit/s 9 RECEIVED. 2:22 p.m. Plaintiff's witness Mary Elizabeth Fuller sworn. Direct examination by Plaintiff (Mr. Keating). EX ID: 136 Exhibit/s 136 REFUSED. Witness tendered and accepted as an expert. 3:21 p.m. 3:52 p.m. 3:54 p.m. Court in Recess Court in Session - Jury enters Plaintiff's witness Mary Elizabeth Fuller resumes. Direct examination by Plaintiff continues (Mr. Keating). EX ID: 30, 8, 23, 81, 66, 61, 89 Exhibit/s 81 (pages 2 and 3 only), 66 RECEIVED. 4:57 p.m. 5:00 p.m. Discussion regarding schedule for tomorrow. Jury excused for the evening. Discussion and argument regarding objection by Defendant to exhibit 89 SUSTAINED IN PART and OVERRULED IN PART as outlined by the Court. ORDERED: Defendant's Motion in Limine to Exclude Evidence Pertaining to Detective Biff Lagen, Colorado Division of Insurance, and Florida Division of Financial Services [129], filed November 9, 2009, is GRANTED IN PART and DENIED IN PART. Plaintiff's witness Mary Fuller is only allowed to testify on what information UNUM provided to Lagan and opine on whether providing such information was proper based on insurance industry standards. Court in Recess - TRIAL CONTINUED 5:51 -3-

5:38 p.m. TOTAL TIME: