Cummings v. Avon Wynfield Inn LTD

Filing 156

Minute Entry for Trial Preparation Conference held before Judge William J. Martinez on 6/23/2011. 128 Defendnat's Motion in Limine is GRANTED; 151 Defendant's Motion to Strike is DENIED. Other matters addressed and deadlines imposed by the Court are as set forth in the Minutes. (Court Reporter: Gwen Daniel) (mskcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
_____________________________________________________________________
Courtroom Deputy: Patricia Glover
Date: June 23, 2011
Court Reporter:
Gwen Daniel
_____________________________________________________________________
Civil Case No. 09-cv-02601-WJM-BNB

Counsel:

MICHAEL E. CUMMINGS,

William Hansen
Sean McDermott

Plaintiff,
v.
AVON WYNFIELD LLC

Scott Sandberg
Virginia Olmstead

Defendant.
_____________________________________________________________________
COURTROOM MINUTES
_____________________________________________________________________
Trial Preparation Conference
11:03 a.m.

Court in Session

Appearances
Court’s comments
The Court addresses Defendant’s Motion in Limine (Doc. #128)
Argument.
ORDERED: Defendant’s Motion in Limine (Doc. #128) is GRANTED. Plaintiff will limit
Ms. Stodola’s testimony at trial only to those opinions addressed in her
November 5, 2010 expert report.
The Court addresses Defendant’s Motion to Strike (Doc. #151)
Argument.
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ORDERED: Defendant’s Motion to Strike (Doc. #151) is DENIED. The nieces will be
permitted to testify at trial provided that plaintiff makes them available for
deposition prior to the commencement of trial. The deposition(s) will be
limited to four hours each.
The Court addresses its Order to Show Cause (Doc. #148)
Argument.
ORDERED: Order to Show Cause (Doc. #148) is DISCHARGED pursuant to the
Court’s findings. Doc. #145, 146 and 147 will be accepted as filed.
The Court addresses the parties’ trial exhibits.
ORDERED: The parties will meet in person on or before Tuesday June 28, 2011 to
review and make a good faith effort to stipulate as to admissibility on as
many exhibits as possible, and to eliminate entirely all duplicates exhibits.
The parties shall file on or before June 29, 2011 their amended final
exhibit lists reflecting these efforts.
The Court addresses proposed voir dire, jury instructions and statement of the case.
ORDERED: The parties will submit an amended statement of the case instruction on or
before June 29, 2011 that is no more than one page in length.
No trial briefs will be accepted from the parties.
The Court addresses questions from counsel about trial.
Counsel represent they have no objections to the qualifications of the proposed expert
witnesses to testify pursuant to FRE 702. As a result, only abbreviated foundational
examination of the expert witnesses will be permitted at trial.
11:46 a.m.

Court in Recess
Hearing concluded
Time: 43 minutes

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