Cruz et al v. Cole et al

Filing 43

Minute Entry - Courtroom Minutes for Trial Preparation Conference held on 3/11/2010 before Judge Richard P. Matsch. ORDERED: Defendant Christopher Cole, M.D.'s Motion Pursuant to F.R.E. 611 to Prevent Plaintiffs from Calling Defense Expert Witne sses In Their Case-in-Chief, filed March 10, 2010 41 , is granted. Defendant Christopher Cole, M.D.'s Motion for Sequestration Order, filed February 9, 2010 27 , is denied as to expert witness rebuttal testimony. Plaintiffs' Motion in Lim ine Regarding Admissibility of Medical Expense Evidence, filed March 8, 2010 37 , is granted. The amounts billed are reasonable and necessary expenses and the amounts paid are not admissible. Plaintiffs' Motion in Limine, filed February 19, 201 0 30 , is terminated as a ruling on the permitted testimony will be made during the course of the trial. Plaintiffs' Motion in Limine Regarding Margo Mullally Swail, filed December 23,2009 23 is terminated and testimony is limited to what she observed. (Reporter FTR - K. Terasaki) (rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: March 11, 2010 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________________ Civil Action No. 08-cv-00996-RPM KATHY D. CRUZ and RAMON L. CRUZ, Plaintiffs, v. CHRISTOPHER R. COLE, M.D. Deanne C. McClung George E. McLaughlin Defendant. ____________________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________________ Trial Preparation Conference 9:53 a.m. Court in session. Discussion regarding damages, proposed instructions, standard of care issue (no dispute), pending motions (experts), deposition rulings, exhibits and witnesses. Court states it will instruct the jury regarding standard of care. Ms. McClung states the stipulations listed in the proposed jury instructions are not agreed to as stipulations. ORDERED: Defendant Christopher Cole, M.D.'s Motion Pursuant to F.R.E. 611 to Prevent Plaintiffs from Calling Defense Expert Witnesses In Their Case-in-Chief, filed March 10, 2010 [41], is granted. Defendant Christopher Cole, M.D.'s Motion for Sequestration Order, filed February 9, 2010 [27], is denied as to expert witness rebuttal testimony. Plaintiffs' Motion in Limine Regarding Admissibility of Medical Expense Evidence, filed March 8, 2010 [37], is granted. The amounts billed are reasonable and necessary expenses and the amounts paid are not admissible. Plaintiffs' Motion in Limine, filed February 19, 2010 [30], is terminated as a ruling on the permitted testimony will be made during the course of the trial. ORDERED: ORDERED: ORDERED: March 11, 2010 08-cv-00996-RPM ORDERED: Plaintiffs' Motion in Limine Regarding Margo Mullally Swail, filed December 23, 2009 [23] is terminated and testimony is limited to what she observed. Court rules on objections to Wilkkoft's Deposition. Pg. 41 Objections overruled. C.V. admissible. Pg. 83 Criticisms out no ruling. Pg. 88 No ruling (anticipated testimony). Pg. 90 Objection sustained. Pgs. 92-97 Objections sustained. Pg. 94 Question rephrased. Pg. 112 Objection overruled. Pg. 115 Objection sustained. Pg. 116 Objection sustained. Pg. 126 Objection overruled. Pg. 128 Objection sustained. Pg. 129 Objection withdrawn. Pg. 133 Objections overruled. Court states its trial practices. 10:33 a.m. Court in recess. Hearing concluded. Total time: 40 min. 2

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