Bachmeier v. Tire Distribution Systems, Inc.

Filing 70

Minute Entry - Courtroom Minutes for Pretrial Conference held on 8/17/2010 before Judge Richard P. Matsch. ORDERED: Opposed Motion in Limine Concerning Seatbelt Evidence, filed May 19,2010 49 : Nebraska Law is applicable and the effect depends upon the evidence. Plaintiff's Felonious Killing Claim is excluded re: 63 . Defendant's Motion in Limine to Exclude Evidence of Post-Accident Wheel Stud Installation Procedures, filed June 25, 2010 57 , is denied but manufactures post accident written communications is excluded. Defendant's Motion in Limine to Exclude Unduly Speculative Evidence of Mr. Bachmeier's Future Earnings, filed August 10, 2010 69 , is granted to the extent stated on record. Proposed voir dire and jury instruction are to be submitted in paper directly to chambers by 4:00 p.m. September 1, 2010. Final Pretrial Order signed. (Reporter FTR - K. Terasaki) (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: August 17, 2010 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________ Civil Action No. 09-cv-01126-RPM EMILY BACHMEIER, Plaintiff, v. TIRE DISTRIBUTION SYSTEMS, INC., David C. Fawley C. Michael Montgomery Randal R. Kelly

Defendant. ____________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________ Pretrial Conference 1:54 p.m. Court in session.

Court reviews proposed pretrial order and counsel answer questions. Discussion and argument regarding pending motions in limine. ORDERED: Opposed Motion in Limine Concerning Seatbelt Evidence, filed May 19, 2010 [49]: Nebraska Law is applicable and the effect depends upon the evidence. Plaintiff's Felonious Killing Claim is excluded re: [63]. Defendant's Motion in Limine to Exclude Evidence of Post-Accident Wheel Stud Installation Procedures, filed June 25, 2010 [57], is denied but manufactures post accident written communications is excluded. Defendant's Motion in Limine to Exclude Unduly Speculative Evidence of Mr. Bachmeier's Future Earnings, filed August 10, 2010 [69], is granted to the extent stated on record. Discussion regarding witnesses, exhibits and depositions. Court states plaintiff is permitted to cross examine Jim Hager in its case in chief.

August 17, 2010 09-cv-01126-RPM Counsel state there are no videotape depositions and Court instructs counsel to use only written deposition transcripts for impeachment. Testimony by deposition: objections to be raised on reading. Court states plaintiff's witness Clarence Christiansen's anticipated testimony either in person or by deposition must be presented in its case in chief. Court states 1 dead body and a few family photographs are permitted. ORDERED: Proposed voir dire and jury instruction are to be submitted in paper directly to chambers by 4:00 p.m. September 1, 2010.

Court states its trial practices and procedures. Counsel state they intend to request a witness sequestration order. Court states opposing experts may sit at counsel table during experts' testimony and that a sequestration order will apply to family members. ORDERED: Final Pretrial Order signed.

2:54 p.m. Court in recess.
Hearing concluded. Total time: 1 hr.

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