Squires v. Goodwin et al

Filing 232

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 3/20/2012. On 3/23/2012, the parties shall provide the court with two (2) sets of exhibit notebooks as well as two (2) sets of their finalized witne ss and exhibit lists. For reasons as stated on the record: the court HOLDS IN ABEYANCE 146 Motion in Limine; DENIES 147 Motion in Limine; DENIES 149 Motion in Limine; GRANTS 151 Motion in Limine; GRANTS IN PART AND DENIES IN PART [15 2] Motion in Limine; GRANTS IN PART AND DENIES IN PART 153 Motion in Limine; HOLDS IN ABEYANCE 156 Motion in Limine; GRANTS 157 Motion in Limine; GRANTS 158 Motion in Limine; GRANTS 159 Motion in Limine; and GRANTS 161 Motio n in Limine. This Motion Hearing is continued to 3/22/2012 02:00 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Between now and 3/22/2012 at 2:00 p.m., counsel for the plaintiff shall identify, for the defendant, the evidence it believes is substantially similar for purposes of Rule 404(b). The court will address those specific events at that time. (FTR: Robin Mason) (cbscd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action No.: 10-cv-00309-CBS-BNB
Date: March 20, 2012

FTR - Reporter Deck - Courtroom A402
Courtroom Deputy: Robin Mason

KIMBERLY N. SQUIRES,

Colleen M. Parsley
Gregory A. Gold
Richard Waldron Bryans , Jr.
Theodore T. Metier

Plaintiff,
v.
JAMES MICHAEL GOODWIN, et al.,

Gary L. Palumbo
Deana R. Dagner
John W. Grund
Joan S. Allgaier

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING:MOTION HEARING
Court in Session:
1:06 p.m.
Court calls case. Appearances of counsel.
Discussion between the court and the parties regarding voir dire, courtroom set up on March 23,
2012, preemptory challenges, jury selection, length of opening statements, time line for each day
of trial, jury instructions, technology requests and needs, ability to bring a bi-ski to court to be
used as evidence, jury notebooks, use of an outside court reporter, preservation depositions,
witnesses, and exhibits and exhibit notebooks.
ORDERED: On Friday, March 23, 2012, the parties shall provide the court with two (2) sets
of exhibit notebooks as well as two (2) sets of their finalized witness and exhibit
lists.
Ms. Dagner makes an oral request to take a recess. No objections made. The court grants oral
request.

Court in recess:
Court in session:

2:19 p.m.
2:27 p.m.

Discussion regarding MOTION in Limine Re: BOEC's Nonprofit Status (Docket No. 161 , filed
on 2/29/2012) and RESPONSE to #161 MOTION in Limine Re: BOEC's Nonprofit Status
(Docket No. 188, filed on 3/14/2012)
ORDERED: For reason as stated on the record, the court GRANTS MOTION in Limine Re:
BOEC's Nonprofit Status (Docket No. 161 , filed on 2/29/2012).
Discussion regarding MOTION in Limine re Scope of Expert Testimony (Docket No. 159, filed
on 2/29/2012) and RESPONSE to #159 MOTION in Limine re Scope of Expert Testimony
(Docket No. 216, filed on 3/14/2012).
ORDERED: For reason as stated on the record, the court GRANTS MOTION in Limine re
Scope of Expert Testimony (Docket No. 159, filed on 2/29/2012).
Discussion regarding MOTION in Limine to Exclude Evidence of Defectiveness or Insufficiency
of Bi-Ski (Docket No. 157, filed on 2/29/2012) and RESPONSE to #157 MOTION in Limine to
Exclude Evidence of Defectiveness or Insufficiency of Bi-Ski (Docket No. 213, filed on
3/14/2012).
ORDERED: For reason as stated on the record, the court GRANTS MOTION in Limine to
Exclude Evidence of Defectiveness or Insufficiency of Bi-Ski (Docket No. 157,
filed on 2/29/2012).
Discussion regarding MOTION in Limine Re Insurance Coverage (Docket No. 153, filed on
2/29/2012) and RESPONSE to #153 MOTION in Limine Re Insurance Coverage (Docket No.
209, filed on 3/14/2012).
ORDERED: For reason as stated on the record, the court GRANTS IN PART AND DENIES
IN PART MOTION in Limine Re Insurance Coverage (Docket No. 153, filed on
2/29/2012).
Discussion regarding MOTION in Limine Re Facts Concerning Defendant Goodwin (Docket
No. 152, filed on 2/29/2012), RESPONSE to #152 MOTION in Limine Re Facts Concerning
Defendant Goodwin (Docket No. 204, filed on 3/14/2012), and RESPONSE to #152 MOTION
in Limine Re Facts Concerning Defendant Goodwin (Docket No. 179, filed on 3/13/2012).
ORDERED: For reason as stated on the record, the court GRANTS IN PART AND DENIES
IN PART MOTION in Limine Re Facts Concerning Defendant Goodwin (Docket
No. 152, filed on 2/29/2012),
Discussion regarding Unopposed MOTION in Limine to Exclude Stanley Gale's Settlement
Video (Docket No. 151, filed on 2/29/2012).

ORDERED: For reason as stated on the record, the court GRANTS MOTION in Limine to
Exclude Stanley Gale's Settlement Video (Docket No. 151, filed on 2/29/2012).
Discussion regarding MOTION in Limine RE: Goodwin's Opinions Concerning Making a
"Mistake" or Being "Responsible" for the Accident (Docket No. 149, filed on 2/29/2012),
RESPONSE to #149 MOTION in Limine RE: Goodwin's Opinions Concerning Making a
"Mistake" or Being "Responsible" for the Accident (Docket No. 214, filed on 3/14/2012), and
RESPONSE to #149 MOTION in Limine RE: Goodwin's Opinions Concerning Making a
"Mistake" or Being "Responsible" for the Accident (Docket No. 187, filed on 3/14/2012).
ORDERED: For reason as stated on the record, the court DENIES MOTION in Limine RE:
Goodwin's Opinions Concerning Making a "Mistake" or Being "Responsible" for
the Accident (Docket No. 149, filed on 2/29/2012).
Discussion regarding MOTION in Limine to Limit Testimony of Plaintiff's Health-Care
Providers (Docket No. 147, filed on 2/29/2012) and RESPONSE to #147 MOTION in Limine to
Limit Testimony of Plaintiff's Health-Care Providers (Docket No. 211, file don 3/14/2012).
ORDERED: For reason as stated on the record, the court DENIES MOTION in Limine to
Limit Testimony of Plaintiff's Health-Care Providers (Docket No. 147, filed on
2/29/2012).
Discussion regarding MOTION in Limine to Exclude Evidence of Whether BOEC was
Accredited by the Association for Experiential Education (Docket No. 156, filed on 2/29/2012)
and RESPONSE to #156 MOTION in Limine to Exclude Evidence of Whether BOEC was
Accredited by the Association for Experiential Education (Docket No. 207, filed on 3/14/2012).
ORDERED: For reason as stated on the record, the court HOLDS IN ABEYANCE MOTION
in Limine to Exclude Evidence of Whether BOEC was Accredited by the
Association for Experiential Education (Docket No. 156, filed on 2/29/2012).
Discussion regarding MOTION in Limine to Limit Testimony of Plaintiff's Expert Bil Hawkins
(Docket No. 158, filed on 2/29/2012) and RESPONSE to #158 MOTION in Limine to Limit
Testimony of Plaintiff's Expert Bil Hawkins (Docket No. 205, filed on 3/14/2012).
ORDERED: For reason as stated on the record, the court GRANTS MOTION in Limine to
Limit Testimony of Plaintiff's Expert Bil Hawkins (Docket No. 158, filed on
2/29/2012).
Discussion regarding MOTION in Limine to Strike Late and Previously Undisclosed Exhibits
and Records (Docket No. 146, filed on 2/29/2012) and RESPONSE to #146 MOTION in Limine
to Strike Late and Previously Undisclosed Exhibits and Records (Docket No. 208, filed on
3/14/2012).
ORDERED: For reason as stated on the record, the court HOLDS IN ABEYANCE MOTION
in Limine to Strike Late and Previously Undisclosed Exhibits and Records

(Docket No. 146, filed on 2/29/2012).
Discussion regarding continuing this hearing so that the other pending Motions in Limine can be
addressed.
ORDERED: This Motions Hearing is continued to March 22, 2012 at 2:00 p.m. at which time
all other pending Motions in Limine can be addressed.
Discussion regarding MOTION in Limine to Limit Evidence re Other Ski Accidents (Docket No.
148, filed on 2/29/2012), REPLY to Response to #148 MOTION in Limine to Limit Evidence re
Other Ski Accidents (Docket No. 206, filed on 3/14/2012), and Rule 404(b).
ORDERED: Between now and March 22, 2012 at 2:00 p.m., counsel for the plaintiff shall
identify, for the defendant, the evidence it believes is substantially similar for
purposes of Rule 404(b). The court will address those specific events at that time
HEARING CONTINUED.
Court in recess:
Total time in court:

3:53 p.m.
02:39

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