Clyne v. Walters

Filing 100

Minute Entry for proceedings held before Judge Marcia S. Krieger: Evidentiary Hearing held on 9/22/2009. 81 Joint Motion for Ruling Fed.R.Evid 702 is GRANTED. ORDER:For purposes of Rule 702 an adequate foundation has been established for admission of Ms. Lutzs ultimate opinion. (Court Reporter Paul Zuckerman) (mskcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: September 22, 2009 Civil Action No. 08-cv-01646-MSK-CBS P a r t i e s: CAROL CLYNE, Plaintiff, v. RAY WALTERS, Defendant. COURTROOM MINUTES HEARING: Evidentiary - Rule 702 9:02 a. m. Court in session John D. Martin Counsel: Michael W. Baty Plaintiff begins to state what it believes are the contested Opinions in Ms. Lutz' report. 9:08 a.m. 9:55 a.m. Court in recess Court in session Statements from both counsel in response to the Court's questions. The parties concur that at issue for this hearing is whether the methodology used by Ms. Lutz is reliable or sufficiently reliable to allow her to express the ultimate opinion. Witness sworn for the plaintiff : Shari Lutz: 10:13 a.m. Direct Examination by Mr. Baty. Cross examination of witness by Mr. Martin. Re-direct examination of witness by Mr. Baty. The Court questions the witness. Further cross examination of witness by Mr. Martin. Courtroom Minutes Judge Marcia S. Krieger Page 2 12:11 p.m. 1:34 p.m. Court in recess Court in session Argument by counsel. ORDER: Joint Motion for Ruling Fed. R. Evid. 702 (Doc. #81) is GRANTED. Oral findings are made of record and incorporated herein. ORDER: 2:10 p. m. For purposes of Rule 702 an adequate foundation has been established for admission of Ms. Lutz's ultimate opinion. Court in recess. Total Time: 2 hours 58 minutes. Hearing concluded.

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