Klingemann v. Breg, Inc. et al

Filing 135

MINUTE ENTRY for Motion Hearing held before Magistrate Judge Craig B. Shaffer on 9/9/2011. Withdrawn without prejudice 85 Motion to Exclude; Withdrawn without prejudice 86 Motion to Exclude; Withdrawn without prejudice 108 Motion to Exclude. (FTR: Laura Galera) (lag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action No.: 10-cv-01797-WJM-CBS
Date: September 9, 2011

FTR - Reporter Deck - Courtroom A402
Courtroom Deputy: Laura Galera

BLAINE W. KLINGEMANN,

Robert Keith Jenner
Edward Mulligan
Vance Andrus

Plaintiff,
v.
BREG, INC.,

John D. Sear
Jordan L. Lipp

Defendant.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in session:
10:10 a.m.
Court calls case. Appearances of counsel.
Argument by Mr. Sear and Mr. Jenner regarding Defendant Breg, Inc.’s Motion to Exlcude
Causation Testimony of John Hyman, M.D. [85].
Parties request time to speak off the record.
Court in recess:
Court in session:

11:00 a.m.
11:11 a.m.

Defendant moves to withdraw without prejudice Defendant Breg, Inc.’s Motion to Exclude
Causation Testimony of John Hyman, M.D. [85] and Defendant Breg, Inc.’s Motion to Exclude
Improper Testimony of Peggy Pence, PH.D. [86].
Plaintiff moves to withdraw without prejudice Plaintiff’s Motion to Exclude Defendant’s
Affirmative Expert Reports and Testimony [108].
ORDERED: Defendant Breg, Inc.’s Motion to Exclude Causation Testimony of John Hyman,
M.D. [85], Defendant Breg, Inc.’s Motion to Exclude Improper Testimony of
Peggy Pence, PH.D. [86], and Plaintiff’s Motion to Exclude Defendant’s
Affirmative Expert Reports and Testimony [108] are WITHDRAWN WITHOUT
PREJUDICE with reservation of the withdrawing parties’ right to refile the
motion when and if they believe the circumstances warrant.

Parties may contact chambers to set up a conference call upon ruling of the Motions for
Summary Judgment.
HEARING CONCLUDED.
Court in recess:
11:16 a.m.
Total time in court: 00:55
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods
Reporting at [phone] or toll free at 1-800-962-3345.