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

Filing 304

Minute Entry for proceedings held before Judge Lewis T. Babcock: Bench Trial - Day Eight - held on 10/14/2010. ORDERED:Motion to Quash Subpoena Served On Michael J. Matheson 302 is GRANTED. Trial continued. (Court Reporter Gwen Daniel) (ltbcd, )

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-KMT Board of County Commissioners of the County of La Plata, Colorado,... Group Retail, Inc. et al Doc. 304 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE LEWIS T. BABCOCK _______________________________ ______________________________________ Date: October 14, 2010 Courtroom Deputy: Deborah Hansen Court Reporter: Gwen Daniel _____________________________________________________________________ Civil Case No. 08-cv-00855-LTB-KMT THE 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., Defendants. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ TRIAL TO COURT - Day Eight 09:03 a.m. Court in Session Gail L. Wurtzler Jeffrey R. Pilkington Kenzo S. Kawanabe Emily Schultz Counsel: Asimakis D. Iatridis Josh A. Marks Ann M. Rhodes Court's comments Discussion re Motion to Quash Subpoena Served On Michael J. Matheson (Doc No. 302) PLAINTIFF'S SEVENTEENTH WITNESS PAUL ROSASCO 09:09 Direct continued (by Mr. Iatridis) 09:15 Court 1 Dockets.Justia.com October 14, 2010 Trial to Court - Day Eight 08-cv-00855-LTB-KMT 09:15 Direct 09:37 Cross (by Mr. Pilkington) 09:45 Deposition of Paul Rosasco opened and used for impeachment. 09:53 Court 09:53 Cross Defendant Brown Retail renews its motion to strike the expert opinions and the testimony of Mr. Rosasco on response costs in its entirety (by Mr. Pilkington). ORDERED: The objection goes to the weight, not to the admissibility of Mr. Rosasco's opinion. The motion to strike is DENIED. Exhibits referred: 135-a, ROS-12, G-95, JT-54 10:02 Court 10:03 Cross Exhibits referred: G-98, ROS-1 10:28 Court in Recess 10:44 Court in Session PLAINTIFF'S SEVENTEENTH WITNESS PAUL ROSASCO 10:44 Cross continued (by Mr. Pilkington) 11:48 Court 11:48 Cross 11:55 Court in Recess 01:05 Court in Session Mr. Kawanabe's comments Mr. Kawanabe and Mr. Marks conferred and are in agreement that they will submit 2 October 14, 2010 Trial to Court - Day Eight 08-cv-00855-LTB-KMT designated deposition testimony of Mr. Matheson. Court's comments re deposition objections ORDERED: Counsel shall re-address the objections to depositions. Discussion re Mr. Matheson ORDERED: Motion to Quash Subpoena Served On Michael J. Matheson (Doc No. 302) is GRANTED. PLAINTIFF'S SEVENTEENTH WITNESS PAUL ROSASCO 01:05 Cross continued (by Mr. Pilkington) Exhibits referred: H-1, 230, 237, 236, 257, 4, G-40, 244, 02:30 Court in Recess 02:45 Court in Session PLAINTIFF'S SEVENTEENTH WITNESS PAUL ROSASCO 02:45 Cross continued (by Mr. Pilkington) Exhibits referred: G-62, JT-35, H-2 The defense renews their motion to strike the testimony of Mr. Rosasco as to the human health risk assessment and human substantial endangerment. ORDERED: At this time the motion as to its application to CERCLA is DENIED because the objection goes to the weight in that respect. As to RCRA, the ruling continues to be RESERVED. 03:26 Redirect EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: H-3 Exhibits referred: 140, 137 EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: (objection overruled) 167 3 October 14, 2010 Trial to Court - Day Eight 08-cv-00855-LTB-KMT 04:19 p.m. Court in Recess Trial continued Time: 5/34 4

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