Kellar v. United States Department of Veterans Affairs

Filing 153

Minute Entry for Motion Hearing held 1/5/2010 before Chief Judge Wiley Y. Daniel: granting in part and denying in part 138 Motion to Strike ; granting in part and denying in part 142 Motion for Leave; deferring ruling until the motion is fully br iefed on 152 Motion for Leave; Motion Hearing held on 1/5/2010. Plaintiff shall submit a statement containing the opinions to be given by Dr. Deneen R. Gammons to Defendant not later than Friday, January 8, 2010. Defendnat shall submit a statement containing the opinions of the rebuttal expert to Plaintiff not later than Friday, February 5, 2010. Any Daubert motions or motions in limine shall be fled not later than Friday, February 12, 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 5, 2010

Civil Action No: 08-cv­00761-WYD-KLM RICHARD D. KELLAR, Plaintiff, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, Defendants.

Counsel: Derek W. Cole

Marcy E. Cook Marc A. Bonora

COURTROOM MINUTES

MOTIONS HEARING 2:08 p.m. Court in Session APPEARANCES OF COUNSEL. Court's opening remarks. Defendant's Motion to Strike Plaintiff's Witness Dr. Deneen Gammons [138], filed November 20, 2009, and Plaintiff's Motion for Leave to Endorse Expert Witness Deneen R. Gammons, Ph.D. [142], filed December 14, 2009, are raised for argument. 2:10 p.m. 2:20 p.m. Argument by Plaintiff (Mr. Cole). Argument by Defendant (Ms. Cook).

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ORDERED:

Defendant's Motion to Strike Plaintiff's Witness Dr. Deneen Gammons [138], filed November 20, 2009, is GRANTED IN PART and DENIED IN PART. Plaintiff's Motion for Leave to Endorse Expert Witness Deneen R. Gammons, Ph.D. [142], filed December 14, 2009, is GRANTED IN PART and DENIED IN PART. Defendant will be allowed to call a rebuttal expert and shall be allowed to conduct an independent medical evaluation of the Plaintiff. Plaintiff shall submit a statement containing the opinions to be given by Dr. Deneen R. Gammons to Defendant not later than Friday, January 8, 2010. Defendant shall submit a statement containing the opinions of the rebuttal expert to Plaintiff not later than Friday, February 5, 2010. Any Daubert motions or motions in limine shall be filed not later than Friday, February 12, 2010. Plaintiff's Motion for Leave to Present Newly Discovered Evidence [152], filed January 5, 2010, is raised for argument.

ORDERED:

ORDERED:

ORDERED:

ORDERED:

ORDERED:

2:41 p.m. 2:43 p.m. ORDERED:

Argument by Plaintiff (Mr. Cole). Argument by Defendant (Ms. Cook). Plaintiff's Motion for Leave to Present Newly Discovered Evidence [152], filed January 5, 2010, is DEFERRED until the motion is fully briefed. Court in Recess - HEARING CONCLUDED

2:49 p.m.

TOTAL TIME: 0:41

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