Cross Continent Development, LLC v. Town of Akron, Colorado et al

Filing 132

MINUTE ENTRY for Trial Preparation Conference held on 8/8/2012 proceedings held before Chief Judge Wiley Y. Daniel. Deferring ruling on 107 Motion in Limine. Set/Reset Deadlines: Akron Town Council, The answer due 8/13/2012; Board of Trustees of the Town of Akron, The answer due 8/13/2012; Colorado Plains Regional Airport Development Committee, The answer due 8/13/2012; Carl S. McGuire, II answer due 8/13/2012; Town of Akron, Colorado answer due 8/13/2012. Court Reporter: Tammy Hoffschildt. (wydcd, rrk)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CHIEF JUDGE WILEY Y. DANIEL Courtroom Deputy: E.C.R./Reporter: Robert R. Keech Tammy Hoffschildt Date: August 8, 2012 Civil Action No: 09-cv-02413-WYD-KMT Counsel: CROSS CONTINENT DEVELOPMENT, Victor M. Morales Katherine A. Kelley Plaintiff, v. TOWN OF AKRON, et al., Peter H. Doherty Mary A. Wells Defendants. COURTROOM MINUTES TRIAL PREPARATION CONFERENCE 3:06 p.m. Court in Session - Jury enters APPEARANCES OF COUNSEL. Court’s opening remarks. 3:07 p.m. Discussion regarding the estimated length of the trial being seven or eight days and filing an answer to the Second Amended Complaint. ORDERED: Defendant shall file an Answer to Plaintiff’s Second Amended Complaint (ECF Doc. No. 86) not later than Monday, August 13, 2012. 3:11 p.m. Discussion regarding joint statement on the case jury instruction. 3:16 p.m. Discussion regarding jury instructions. -1- ORDERED: Parties shall file revised jury instructions, with maximum stipulation, and objections to proposed jury instructions not later than Wednesday, August 15, 2012. 3:17 p.m. Discussion regarding witness lists and exhibit lists. ORDERED: Parties shall file revised exhibit lists, with maximum stipulation to the admissibility of exhibits, not later than Wednesday, August 15, 2012. 3:27 p.m. Discussion regarding time limits for opening statements. ORDERED: Opening statements shall not exceed thirty-five (35) minutes per side. 3:29 p.m. Court outlines procedure for voir dire and jury selection process. Plaintiff’s Motion in Limine to Exclude Expert Testimony of Melinda Harper and Travis Vallin (ECF Doc. No. 107), filed July 9, 2012, is raised for argument. 3:35 p.m. Argument by Plaintiff (Ms. Kelley). 3:41 p.m. Argument by Defendant (Mr. Doherty). 3:42 p.m. Argument by Plaintiff (Ms. Kelley). ORDERED: Plaintiff’s Motion in Limine to Exclude Expert Testimony of Melinda Harper and Travis Vallin (ECF Doc. No. 107), filed July 9, 2012, is DEFERRED. 3:44 p.m. Discussion regarding Defendants’ oral motion for one additional peremptory challenge. ORDERED: Defendants’ oral motion for one additional peremptory challenge is DENIED. 3:54 p.m. Court in Recess - HEARING CONTINUED. TOTAL TIME: :48 -2-

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