Shell v. Henderson et al

Filing 1199

MINUTE ENTRY for Final Pretrial Conference held before Chief Judge Marcia S. Krieger on 7/25/2013. 1173 Motion for Reconsideration is DENIED; 1195 Motion to Amend/Correct/Modify is DENIED; 1195 Motion for Reconsideration is DENIED; [1 197] Motion for Partial Summary Judgment is DENIED; Jury Trial set for 9/30/2013 - 10/3/2013 09:00 AM in Courtroom A 901 before Chief Judge Marcia S. Krieger. Other matters addressed and/or deadlines imposed are set forth in the Minutes. Court Reporter: Terri Lindblom. (mskcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CHIEF JUDGE MARCIA S. KRIEGER
Courtroom Deputy:
Court Reporter:

Patricia Glover
Terri Lindblom

Date: July 25, 2013

Civil Action No. 09-cv-00309-MSK-KMT
Parties:

Counsel Appearing:

SUZANNE SHELL,

Suzanne Shell pro se

Plaintiff,
v.
LEONARD HENDERSON,
BRENDA SWALLOW,
Defendants.

COURTROOM MINUTES

HEARING:

Final Pretrial Conference.

2:19 p.m.

Court in session.

Plaintiff is present. The defendants are not present.
The Court will issue an order to show cause why default judgment should not be entered against
them for failure to appear at this hearing as ordered.
The Court reviews and states the claims that will proceed to trial as stated on the record.
The Court addresses setting the matter for jury trial.
PENDING MOTIONS.
Doc. #876 is a motion by a former defendant American Family, referred to the Magistrate Judge
for determination and will not be resolved prior to trial.

Courtroom Minutes
Chief Judge Marcia S. Krieger
Page Two
The Court addresses Plaintiff’s Motion for Reconsideration (Doc. #1173) of the Court’s May
31, 2013 (# 1172) Opinion and Order denying her Motion for Default Judgment (# 926)
Oral findings and conclusions of law are made of record and incorporated herein.
ORDER:

Plaintiff’s Motion for Reconsideration (Doc. #1173) of the Court’s May 31, 2013
(# 1172) Opinion and Order denying her Motion for Default Judgment (# 926) is
DENIED in its entirety.

The Court addresses Plaintiff’s Motion to Amend the Complaint (Doc. #1195) and # Plaintiff’s
Motion for Partial Summary Judgment against Mr. Henderson (Doc. #1197).
ORDER:

Plaintiff’s Motion to Amend the Complaint (Doc. #1195) and # Plaintiff’s Motion
for Partial Summary Judgment against Mr. Henderson (Doc. #1197) are
DENIED.

The Court addresses witnesses, trial length, trial process, testimony by pro se parties and any
questions posed by plaintiff.
ORDER:

Pertinent to trial process: The parties will collectively be given 20 hours to try
thei case: Ten (10) hours go to the plaintiff and five (5) hours to each defendant
to use however they wish (openings/closings, presentation of evidence). The time
will be tracked by the Courtroom Deputy. As to jury selection, each party will be
allowed to exercise 3 peremptory challenges for a total of 9, and a jury of 12 will
be seated. Exhibits shall be prepared in conformity as stated by the Court today
and in accordance with the Court’s practice standards. Exhibits not produced in
the parties’ submissions for today’s conference will be excluded, absent a
showing of good cause for not identifying it early.

No request for sequestration.
ORDER:

Jury trial (4 days) is set on September 30, 2013 at 9:00 a.m., in Courtroom
A901, 901 19th Street, Denver, CO.

2:53 p.m.

Court in recess.

Total Time: 34 minutes.
Hearing concluded.