USA v. CEMEX, Inc.

Filing 39

Minute Entry for proceedings held before Judge Marcia S. Krieger: 32 Motion to Bifurcate is GRANTED in part and DENIED in part. Motion Hearing held on 5/20/2009. (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: May 20, 2009 Civil Action No. 09-cv-00019-MSK-MEH P a r t i e s: UNITED STATES OF AMERICA, Plaintiff, v. CEMEX, INC., Defendant. COURTROOM MINUTES HEARING: 10:12 a.m. Law and Motion (Doc. #32) Court in session. Chet Thompson (by telephone) Christina Valerio Counsel Appearing: Robert Homiak John Moscato Counsel is present as listed above. Linda Kato, EPA, is present with plaintiff's counsel and Chet Thompson appears via telephone. The Court addresses the parties' Joint Motion to Bifurcate (Doc. #32) and requests additional information from counsel. Statement from Mr. Homiak addressing why the parties requested bifurcation, how the parties anticipate the case proceeding under bifurcation or without it. Counsel for defendants concur with plaintiff counsel's assessment for the most part. Oral findings are made of record and incorporated herein. ORDER: The Joint Motion to Bifurcate (Doc. #32) is GRANTED in part insofar as the Court will consider at some later time whether trial should be bifurcated if the parties request it and DENIED as to the bifurcation as to the discovery process. Courtroom Minutes Judge Marcia S. Krieger Page 2 10:58 a.m. Court in recess. Total Time: 46 minutes. Hearing concluded.

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