Perez v. Henneberry et al

Filing 143

Minute Entry for Final Trial Preparation Conference held before Judge William J. Martinez on June 2, 2011: ORDERED:Plaintiff's Motion to Allow Plaintiff's Witness Sylvius H. Von Saucken to Testify by Telephone 129 is DENIED. Sylvius H. V on Saucken shall appear in person, and he will not be allowed to testify contrary to the Court's Order on the Motions for Summary Judgment 112 , and the Court's Order on Defendants' Rule 702 motion 113 . ORDERED:Given the extensive briefing of the issues in this case, trial briefs will not be permitted. ORDERED:The parties shall ensure, in all future filings, that the caption of the case reflects the individual Defendants are in the case in their official capacity only.(Court Reporter: Gwen Daniel) (wjmcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
_____________________________________________________________________
Courtroom Deputy: Deborah Hansen
Date: June 2, 2011
Court Reporter:
Gwen Daniel
_____________________________________________________________________
Civil Case No. 09-cv-01681-WJM-MEH

Counsel:

I.P., a Minor, by and through her Mother and
Conservator, Cynthia Cardenas,

Lance E. McKinley
R. Eric Solem

Plaintiff,
v.
SUSAN E. BIRCH, in her official capacity as
the Executive Director of the Colorado
Department of Heath Care Policy and
Financing, and
DAVID SMITH, in his official capacity as the
Manager of the Benefits Coordination Section
in the Colorado Department of Heath Care
Policy and Financing,

Jennifer L. Weaver

Defendants.
_____________________________________________________________________
COURTROOM MINUTES
_____________________________________________________________________
FINAL TRIAL PREPARATION CONFERENCE
02:05 p.m.

Court in Session

Appearances
Court’s comments
This case is set for a three-day bench trial commencing June 20, 2011.
The Court addresses pending motions.

1

Plaintiff’s Motion to Allow Plaintiff’s Witness Sylvius H. Von Saucken to Testify by
Telephone [Doc No. 129]
02:07 Argument by Mr. McKinley
02:09 Argument by Ms. Weaver
ORDERED: Plaintiff’s Motion to Allow Plaintiff’s Witness Sylvius H. Von Saucken
to Testify by Telephone [Doc No. 129] is DENIED. Sylvius H.
Von Saucken shall appear in person, and he will not be allowed to
testify contrary to the Court's Order on the Motions for Summary
Judgment [ECF No. 112], and the Court’s Order on Defendants’ Rule
702 motion [ECF No. 113].
Court’s comments
The Court inquires whether the deposition of James Leventhal has been scheduled.
Mr. Solem advises the Court that they found out James Leventhal will not be available
for trial; and therefore, they are striking his name off the Witness List. Ms. Parker, who
was originally scheduled to testify, will be the attorney from that office who will be
testifying.
Court’s comments concerning exhibit stipulations
Mr. Solem’s comments
Ms. Weaver’s comments
Ms. Weaver agrees with Mr. Solem – that there are not going to be any issues with
authenticity of documents, and they will stipulate that the documents, if they are relevant
and material, are admissible.
Court’s further comments
Counsel have no additional issues or motions requiring the Court’s attention at this time.
Ms. Weaver’s comments
ORDERED: Given the extensive briefing of the issues in this case, trial briefs will
not be permitted.
Court’s comments

2

Recent filings continue to reference the successor Defendants in their individual
capacity. The Court’s ruling on the Motions for Summary Judgment makes clear that
the individual Defendants are no longer parties in this case in their individual capacity.
ORDERED: The parties shall ensure, in all future filings, that the caption of the
case reflects the individual Defendants are in the case in their official
capacity only.
Court’s comments
Counsel confirm that the settlement conference scheduled before Magistrate Judge
Hegarty on June 9, 2011 is still going forward.
Court’s further comments concerning settlement
02:20 p.m.

Court in Recess
Hearing concluded
Time: /15

Clerk’s Note:
Counsel were advised before the hearing that an original and two copies of the exhibits
must be submitted for trial.

3