McKown v. Cope et al

Filing 57

Minute Entry - Courtroom Minutes for Motions Hearing held on 9/16/2010 before Judge Richard P. Matsch. ORDERED: Plaintiff's Motion to Strike Defendants' Radar and Video Evidence Pursuant to Daubert, filed August 31, 2010 48 , is granted. ( Rule 403 relevance). Plaintiff's Motion for Leave to File Daubert Brief, filed August 31, 2010 47 , is moot. Plaintiff's Motion to Strike Defendants' Witness Kristine Eickoff, filed September 13, 2010 53 , is granted in part with r espect to Kristine Eickoff. Defendants' Motion to Exclude Testimony and Evidence, filed September 14, 2010 55 , is granted with respect to Kelly P. Wells. Trial testimony of Dr. Lanzer will be dependant upon the outcome of his upcoming deposit ion. Ruling on Plaintiff's Motion to Strike Defendants' Witness Liz Schmidt, filed September 13, 2010 53 , will be dependant upon the evidence presented at trial. Trial Preparation Conference set for 9/24/2010 at 02:00 PM in Conference Ro om. Counsel shall submit video deposition transcript at the trial preparation conference. Proposed voir dire, jury instructions, joint statement of case and final lists of witnesses and exhibits are to be submitted directly to chambers in paper by September 28, 2010. (Reporter FTR - K. Terasaki) (rpmcd )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: September 16, 2010 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________________ Civil Action No. 08-cv-02756-RPM LORIE CHRISTINE MCKOWN, Plaintiffs, v. DAVID COPE and VAIL SUMMIT RESORTS, INC., d/b/a KEYSTONE SKI RESORT, Brian A. Birenbach Maryjo C. Falcone Daniel A. Lipman James E. Puga

Defendants. ____________________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________________ Hearing on Pending Motions and Pretrial Issues 9:50 a.m. Court in recess.

Court's preliminary remarks. Mr. Birenbach answers questions asked by the Court regarding defendants' video re-enactment demonstration. ORDERED: ORDERED: ORDERED: Plaintiff's Motion to Strike Defendants' Radar and Video Evidence Pursuant to Daubert, filed August 31, 2010 [48], is granted. (Rule 403 relevance). Plaintiff's Motion for Leave to File Daubert Brief, filed August 31, 2010 [47], is moot. Plaintiff's Motion to Strike Defendants' Witness Kristine Eickoff, filed September 13, 2010 [53], is granted in part with respect to Kristine Eickoff.

Argument by Mr. Lipman. Argument by Mr. Birenbach.

September 16, 2010 08-cv-02756-RPM ORDERED: Defendants' Motion to Exclude Testimony and Evidence, filed September 14, 2010 [55], is granted with respect to Kelly P. Wells. Trial testimony of Dr. Lanzer will be dependant upon the outcome of his upcoming deposition.

Further argument by Mr. Lipman. Further argument by Mr. Birenbach. Argument by Mr. Puga. ORDERED: Ruling on Plaintiff's Motion to Strike Defendants' Witness Liz Schmidt, filed September 13, 2010 [53], will be dependant upon the evidence presented at trial.

Court states counsel must lay a foundation through Mr. Brill to present the video animation. Court states its video deposition testimony transcript practice (one transcript, plaintiff's designations highlighted in yellow, defendants' designations highlighted in blue and objections marked in red in columns). ORDERED: Trial preparation conference set September 24, 2010 at 2:00 p.m. Counsel shall submit video deposition transcript at the trial preparation conference. Proposed voir dire, jury instructions, joint statement of case and final lists of witnesses and exhibits are to be submitted directly to chambers in paper by September 28, 2010. Court in recess.

10:30 a.m.

Hearing concluded. Total time: 31 min.

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