Pownell v. Credo Petroleum Corporation et al

Filing 241

Minute Entry - Courtroom Minutes for Trial Preparation Conference held on 8/3/2011 before Chief Judge Wiley Y. Daniel. ORDERED: Counsel shall meet and confer as set forth on the record. By 8/12/2011, counsel shall file another set of jury instructio ns, amended exhibit lists and any unopposed or joint motion to dismiss. Ruling deferred on 217 Defendants' Motion in Limine Concerning Testimony from Plaintiff's Expert Witness, William Kaempfer. If counsel cannot agree on admissibility o f exhibits produced after the discovery cutoff, a motion in limine shall be filed by 8/12/2011, and a response shall be filed within five days thereafter, not to exceed 8/17/2011. By 8/12/2011, counsel may supplement matters that relate to expert te stimony which do not involve new discovery. By 8/12/2011, a motion in limine pertaining to settlement communications may be filed, and a response shall be filed within five days thereafter, not to exceed 8/12/2011. A statement of the case instructio n shall be filed by 8/12/2011. If the parties cannot agree, two versions shall be filed. By 8/12/2011, Plaintiff may file an initial brief on the wage act claim issue, and a response shall be filed within five days thereafter, not to exceed 8/12/2011. (Court Reporter: Therese Lindblom) (lbush)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CHIEF JUDGE WILEY Y. DANIEL

Courtroom Deputy: LaDonne Bush
Court Reporter:
Therese Lindblom

Date: August 3, 2011

Civil Action No. 09-cv-01540-WYD-KLM

Counsel:

TIMOTHY POWNELL,

Barry D. Roseman
Timothy M. Kratz
Natalie R. Sullivan

Plaintiff,
v.
CREDO PETROLEUM
CORPORATION,

Frederick J. Baumann
Brett C. Painter
Kristi A. Walton
Tamara Goodlette

Defendant.

COURTROOM MINUTES

TRIAL PREPARATION CONFERENCE
2:05 p.m.

Court in session.

Court’s opening remarks.
Discussion regarding jury instructions and exhibits
ORDERED: Counsel shall meet and confer to reach more agreement on jury
instructions and exhibits. By August 12, 2011, counsel shall file another
set of jury instructions and amended exhibit lists.
Discussion regarding the Daubert motion.
ORDERED: Ruling on Defendants’ Motion in Limine Concerning Testimony from
Plaintiff’s Expert Witness, William Kaempfer (Doc. 217), is deferred until
the Court hears the expert’s testimony outside the presence of the jury.
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Discussion regarding dismissal of certain claims.
ORDERED: Any unopposed or joint motion to dismiss shall be filed by August 12,
2011.
Discussion regarding mediation set on August 9, 2011, before Judge Joe Meyer at JAG.
Court instructs counsel to work hard to try to settle the case.
Discussion regarding the admissibility of evidence concerning the bankruptcy of Alford
Neely and Nancy Neely. The issue will be addressed outside the presence of the jury.
Discussion regarding the admissibility of exhibits produced after the discovery cutoff
referenced in Defendants’ List of Issues and Motions for Resolution (Doc. 235).
ORDERED: Counsel shall meet and meet and confer regarding the admissibility of
exhibits produced after the discovery cutoff. If counsel cannot agree, then
a motion in limine shall be filed by August 12, 2011, and a response shall
be filed within five days thereafter, not to exceed August 17, 2011.
Discussion regarding supplementing the expert’s damage calculations pursuant to Rule
26(e).
ORDERED: By August 12, 2011, counsel may supplement matters that relate to expert
testimony which do not involve new discovery.
Discussion regarding admissibility of certain settlement communications.
ORDERED: By August 12, 2011, a motion in limine pertaining to settlement
communications may be filed, and a response shall be filed within five
days thereafter, not to exceed August 17, 2011.
Discussion regarding the admissibility of 14 privileged documents produced by RCH
Energy Opportunity Fund II, LP. Court will not permit counsel to file a motion in limine
on the privileged document issue. If the issue is raised at trial, the Court will rule on it.
At this time, the Court will not divide the trial time.
Sixteen jurors will be seated. Each side will have 20 minutes for voir dire. Each side
has three peremptory challenges and the case will be tried to a jury of ten.
ORDERED: A statement of the case instruction shall be filed by August 12, 2011. If
the parties cannot agree, two versions shall be filed.
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Each side shall have 35 minutes for opening statements.
Discussion regarding the issue of settlement negotiations concerning the wage act
claim.
ORDERED: By August 12, 2011, Plaintiff may file an initial brief on the wage act claim
issue, and a response shall be filed within five days thereafter, not to
exceed August 17, 2011.
Court instructs counsel to talk to Mr. Keech about the format of electronic exhibits
required for JERS.
3:10 p.m.

Court in recess.

Hearing concluded.
Time: 1:05

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