Doll et al v. Kaz USA, Inc. et al

Filing 221

ORDER. Defendants' 195 MOTION to Continue Trial is denied. Referral of the Defendants' 194 MOTION to Amend 21 Scheduling Order to the magistrate judge is withdrawn and the motion is Granted. Defendants may depose Plaintiffs' e xperts Mr. Finocchiaro, Dr. Verdeal, Dr. Keller, and Dr. Aylesworth for up to 2 hours no later than 8/19/2011. A hearing is set for 9/8/2011 at 9:00 a.m. on (1) Plaintiffs Motion to Exclude Evidence Pertaining to Drugs 198 ; (2) Plaintiffs' Mo tion to Exclude All Evidence 199 ; (3) Plaintiffs' Motion to Exclude Certain Testimony 200 ; and (4) Plaintiffs Motion to Exclude All Opinion Testimony of Defense Expert David A. Krauss 204 . No further motions shall be filed in this case. A trial preparation conference is set in this case for 9/15/2011 at 9:00 a.m., by Judge Lewis T. Babcock on 8/8/11. (lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Lewis T. Babcock, Judge
Civil Action No. 09-cv-02976 - LTB - BNB
SHIRLEY DOLL KOCH and
JIMMIE KOCH,
Plaintiffs,
v.
KAZ USA, INC., and
KAZ, INC.,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
As further set forth on the record at the hearing held on August 5, 2011, IT IS HEREBY
ORDERED as follows:
1. Defendants’ Motion to Continue Trial [Doc # 195] is DENIED;
2. The referral of Defendants’ Motion to Amend Scheduling Order [Doc # 194] to the
magistrate judge is WITHDRAWN, and the motion is GRANTED;
3. Defendants may depose Plaintiffs’ experts Mr. Finocchiaro, Dr. Verdeal, Dr. Keller,
and Dr. Aylesworth for up to 2 hours no later than August 19, 2011 on the limited issue of how
Plaintiff Shirley Doll Koch’s recovered memories bolster or change their expert opinions;
4. A hearing is set for September 8, 2011 at 9:00 a.m. on (1) Plaintiffs’ Motion to
Exclude Evidence Pertaining to Drugs [Doc # 198]; (2) Plaintiffs’ Motion to Exclude All
Evidence Proffered by Treating Physician Donald Ross, M.D. and Retained Expert Physician
Stephen Cantrill, M.D. that Mrs. Koch’s injuries Were Caused by a Drug Overdose [Doc # 199];
(3) Plaintiffs’ Motion to Exclude Certain Testimony re: Defendants’ IME Expert Witness Gary

S. Gutterman, M.D. [Doc # 200]; and (4) Plaintiffs’ Motion to Exclude All Opinion Testimony
of Defense Expert David A. Krauss [Doc # 204];
5. No further motions shall be filed in this case;
6. Plaintiffs’ deposition designations are due on or before August 10, 2011; Defendants’
depositions designations are due on or before August 24, 2011; and Plaintiff’s rebuttal deposition
designations are due on or before September 7, 2011;
7. On or before September 13, 2011, the parties shall file their witness lists; exhibits lists
with stipulations and objections; one set of jury instructions with authority; proposed voir dire
questions; and video depositions with written transcripts; and
8. A trial preparation conference is set in this case for September 15, 2011at 9:00 a.m.

Dated: August

8 , 2011 in Denver, Colorado.
BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, JUDGE

-2-