Haggard v. Synthes Spine

Filing 53

Minute Entry for Preliminary Injunction Hearing held before Judge Christine M. Arguello on 6/10/2009. ORDERED: 19 Motion to Remand to State Court is DENIED; 18 Stipulated Injunction is continued until the court's ruling is issued. (Court Reporter: Darlene Martinez) (Attachments: # 1 Exhibit List, # 2 Deft Witness List) (rebcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE CHRISTINE M. ARGUELLO Courtroom Deputy: Nel Steffens Court Reporter: Darlene Martinez Date: June 10, 2009

Civil Action No. Parties: JAMIE HAGGARD, Plaintiff, v.

09-cv-00721-CMA-KMT Counsel: Erik Fischer

SYNTHES SPINE, a Pennsylvania corporation, Defendant. COURTROOM MINUTES HEARING: MOTION FOR PRELIMINARY INJUNCTION 1:30 p.m. Court in session.

Scott Cooper Paul Lewis Leigh Ann Fierro

Appearances of counsel. Also seated at defendant's table is Synthes representative, Matthew Haley Shapcott. Court's oral sequestration order is in effect. Court reviews tendered proposed order regarding motion to seal, #26; court signs order and directs clerk to file. 1:36 p.m. 1:39 p.m. 1:43 p.m. Opening statement by Mr. Cooper. Opening statement by Mr. Fischer. Defendant's witness, Matthew Shapcott, called and sworn.

Direct examination by Mr. Cooper. Exhibits Identified: 49, 40, 43, 44, 38, 48, 19, 42, 45, 53, 46, 50, 27, 35, 36 Exhibits Admitted Under Seal: 49, 40, 43, 44, 38, 48, 42, 45, 53, 46, 50, 27, 35, 36 Exhibits Admitted Not Under Seal: 19 3:06 p.m. 3:17 p.m. Court in recess. Court in session.

Witness Shapcott has resumed the witness stand. 3:18 p.m. Cross examination by Mr. Fischer.

Exhibits Identified: 20, 17 3:57 p.m. 4:01 p.m. Re-direct examination by Mr. Cooper. Witness is excused.

Discussion regarding may-call witness, Katie Couture. Ms. Couture is released from subpoena. 4:03 p.m. Plaintiff's witness, Jamie Haggard, called and sworn.

Direct examination by Mr. Fischer. Exhibits Identified: 47 4:32 p.m. Cross examination by Mr. Cooper.

Exhibits Identified: 1, 20, 22, 23, 24, 25, 26, 28, 29 Exhibits Admitted Under Seal: 20, 22, 23, 24, 25, 26, 28, 29 Exhibit Admitted Not Under Seal: 1 4:54 p.m. Witness' deposition opened by courtroom deputy and delivered to witness.

Continued cross examination by Mr. Cooper. 5:17 p.m. Witness is excused. 2

Discussion regarding closings in light of time of day. Mr. Cooper asks that temporary injunction be continued until court's order is issued; Mr. Fischer stipulates. ORDER: The Stipulated Injunction [#18] is continued until the court's ruling is issued.

Court's findings regarding plaintiff's motion for remand, #19. ORDER: The Plaintiff's Motion for Remand and Motion to Dismiss for Lack of Jurisdiction [#19], filed April 15, 2009, is DENIED.

Court directs counsel to leave the original exhibit notebooks with the court and to take the court's copy. Discussion regarding transcript of this proceeding. 5:26 p.m. Court in recess/hearing concluded.

Total in-court time: 03:45

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