Board of County Commissioners of the County of La Plata, Colorado, The v. Brown Group Retail, Inc. et al

Filing 275

Minute Entry - Courtroom Minutes for Trial Preparation Conference and Hearing on Motions held before Judge Lewis T. Babcock on 9/10/2010. ORDERED: Granting 253 Motion to Quash Subpoena or, in the Alternative Motion for Protective Order under F.R.C .P. Rule 45. Granting 268 Joint Motion to Extend the Submission Date for F.R.E. 702 Memoranda Regarding Expert Witnesses and Joint Exhibit List (Doc. 268) and the date is extended to September 15, 2010. Based on the oral stipulation of counsel, the fourth claim for relief is dismissed. Defendants' request to endorse Robert W. Hischke as a trial witness is denied. Fact witnesses are sequestered, but experts may be present during trial. (Court Reporter Gwen Daniel) (lbush)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: LaDonne Bush Date: September 10, 2010 Court Reporter: Gwen Daniel _____________________________________________________________________ Civil Case No. 08-cv-00855-LTB-KMT BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LA PLATA, COLORADO, Plaintiff, v. BROWN GROUP RETAIL, INC., PLUMMER PRECISION OPTICS CO., BLUE JAUNTE COMPANY, INC., and PLUMMER PRECISION OPTICS WESTERN DIVISION, INC., Gail Wurtzler Jeffrey Pilkington Kenzo Kawanabe Counsel: Asimakis Iatridis Josh Marks Ann Rhodes

Defendants. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ Trial Preparation Conference and Hearing on Motions 9:03 a.m. Court in session.

Richard Lotz (Colorado Attorney General's Office) also present. Court's comments. ORDERED: Joint Motion to Extend the Submission Date for F.R.E. 702 Memoranda Regarding Expert Witnesses and Joint Exhibit List (Doc. 268) is granted and the date is extended to September 15, 2010. Argument by Mr. Lotz, Ms. Wurtzler and Mr. Marks. Mr. Iatridis answers questions asked by the Court.

Further argument by Mr. Marks. Rebuttal argument by Mr. Lotz. Court's findings. ORDERED: Motion to Quash Subpoena or, in the Alternative Motion for Protective Order under F.R.C.P. Rule 45 (Doc. 253) is granted. 10:14 a.m. 10:24 a.m. Court in recess. Court in session.

Discussion regarding the pretrial order and elements of the claims. Discussion regarding dismissal of the fourth claim for relief. ORDERED: Based on the oral stipulation of counsel, the fourth claim for relief is dismissed. Counsel stipulate to the first and second elements of the third claim for relief. Case will proceed to trial on the third element of that claim. Discussion regarding proposed findings of fact and conclusions of law, stipulations, witness lists, and deposition designations. Argument regarding Defendants' proposed witness Robert W. Hischke. ORDERED: Defendants' request to endorse Mr. Hischke as a trial witness is denied. Court instructs counsel to submit their schedules and order of witnesses on September 27, 2010. ORDERED: Fact witnesses are sequestered, but experts may be present during trial. Discussion regarding trial schedule, due care and attorneys' fees issue. Court's comments regarding settlement conference and expense of trial. Court's comments regarding exhibits and training with Deborah Hansen for the evidence presentation system. 11:09 a.m. Court in recess.

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Hearing concluded. Time: 01:56

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