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

Filing 280

MINUTE ENTRY for proceedings held before Judge Lewis T. Babcock: Motions Hearing held on 9/8/2011. Plaintiffs shall respond to Defendants' Rule 702 Motions and Motion in Limine by 9/26/11. No replies shall be filed. Granting 198 Motion to E xclude. Granting in part and conditionally denying in part 199 Motion to Exclude. Granting in part and denying in part 200 Motion to Exclude. Granting 204 Motion to Exclude. Granting 207 Motion to Exclude. Granting 250 Motion to Recons ider. Holding in abeyance 255 Motion to Limit Testimony. Holding in abeyance 256 Motion to Limit Testimony. Holding in abeyance 257 Motion to Limit Testimony. Motion in Limine 258 is accepted for filing but shall be treated as a trial brief. (Court Reporter: Kara Spitler) (eseam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE LEWIS T. BABCOCK
_____________________________________________________________________
Courtroom Deputy: Emily Seamon
Date: September 8, 2011
Court Reporter:
Kara Spitler
_____________________________________________________________________
Civil Case No. 09-cv-02976-LTB-BNB

Counsel:

SHIRLEY DOLL, and
JIMMIE KOCH,

Stephen Kaufman
W. Randolph Barnhart
Charles Crichton
Jennifer Crichton
Melissa Hailey

Plaintiffs,
v.

Mark Pottinger
Laura Hass
Rusty Miller

KAZ USA, INC., and
KAZ, INC.,

Defendants.
_____________________________________________________________________
COURTROOM MINUTES
_____________________________________________________________________
HEARING - PENDING MOTIONS
9:02 a.m.

Court in Session.

Discussion between the Court and counsel regarding Defendants’ pending motions.
The Court grants the filing of all of defendants’ motions and gives plaintiffs an
opportunity to file a response to the motions.
9:13 a.m.

Statement by Mr. Pottinger regarding recovered memories of the plaintiff,
the depositions of experts, and supplemental material.

Discussion between the Court and counsel regarding Plaintiffs’ Motion to Exclude All
Opinion Testimony of Defense Expert David A. Krauss.
9:20 a.m.

Argument by Mr. Barnhart.

9:32 a.m.

Argument by Mr. Pottinger.
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Discussion between the Court and counsel regarding Plaintiffs’ Motion to Exclude
Certain Evidence Pertaining to Drugs.
9:38 a.m.

Argument by Mr. Kaufman.

9:50 a.m.

Argument by Mr. Pottinger.

10:04 a.m.
10:14 a.m.

Court in recess.
Court in session.

Discussion between the Court and counsel regarding Plaintiffs’ Motion to Exclude
Certain Testimony Re: Defendants’ IME Expert Witness, Gary S. Gutterman, M.D.
10:15 a.m.

Argument by Mr. Kaufman.

10:19 a.m.

Argument by Mr. Pottinger.

Discussion between the Court and counsel regarding Plaintiffs’ Motion to Exclude All
Testimony and 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.
10:31 a.m.

Argument by Mr. Barnhart.

10:48 a.m.

Argument by Mr. Pottinger.

10:55 a.m.

Rebuttal argument by Mr. Barnhart.

ORDERED: Plaintiffs shall respond to Defendants’ Rule 702 Motions and Motion in
Limine on or before Monday, September 26, 2011. No replies to the
Motions shall be filed.
ORDERED: Plaintiffs’ Motion to Exclude Certain Evidence Pertaining to Drugs [Docket
No. 198, Filed July 7, 2011] is GRANTED.
ORDERED: Plaintiffs’ Motion to Exclude All Testimony and 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 [Docket No. 199, Filed July 7, 2011] is GRANTED IN PART and
CONDITIONALLY DENIED IN PART as reflected on the record.
ORDERED: Plaintiffs’ Motion to Exclude Certain Testimony Re: Defendants’ IME
Expert Witness, Gary S. Gutterman, M.D. [Docket No. 200, Filed July 7,
2011] is GRANTED IN PART AND DENIED IN PART.
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ORDERED: Plaintiffs’ Motion to Exclude All Opinion Testimony of Defense Expert
David A. Krauss [Docket No. 204, Filed July 15, 2011] is GRANTED.
ORDERED: Plaintiffs’ Motion to Exclude All Opinion Testimony of Defense Expert
David A. Krauss [Docket No. 207, Filed July 15, 2011] is GRANTED.
ORDERED: Defendants’ Motion to Reconsider Court’s Ruling that the Court “Will Not
Entertain Any Further Motions” [Docket No. 250, Filed August 16, 2011] is
GRANTED.
ORDERED: Defendants’ Motion to Limit Testimony of Plaintiffs’ Engineering Expert
Carl Finocchiaro [Docket No. 255, Filed August 16, 2011] is HELD IN
ABEYANCE.
ORDERED: Defendants’ Motion to Limit Testimony of Plaintiffs’ Rebuttal Expert Dr.
Ronald Keller [Docket No. 256, Filed August 16, 2011] is HELD IN
ABEYANCE.
ORDERED: Defendants’ Motion to Limit Testimony of Plaintiffs’ Toxicology Expert, Dr.
Kathey Verdeal, and Plaintiff’s Psychologist, Laurence Aylesworth [Docket
No. 257, Filed August 16, 2011] is HELD IN ABEYANCE.
ORDERED: Defendants’ Motion in Limine [Docket No. 258, Filed August 16, 2011] is
accepted for filing but shall be treated as a trial brief.
Discussion regarding a supplemental report and more motions in limine.
11:07 a.m.

Court in Recess.

Hearing concluded.
Time: 1:55

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