Lenox MacLaren Surgical Corporation v. Medtronic, Inc. et al

Filing 367

MINUTE ENTRY for Rule 702 Evidentiary Hearing held before Chief Judge Marcia S. Krieger on 7/8/2015. 289 Motion to Exclude is WITHDRAWN upon oral motion. Court Reporter: Terri Lindblom. (pglov)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CHIEF JUDGE MARCIA S. KRIEGER
Courtroom Deputy:
Court Reporter:

Patricia Glover
Terri Lindblom

Date: July 8, 2015

Civil Action No. 10-cv-02139-MSK-NYW
Parties:

Counsel Appearing:

LENOX MACLAREN SURGICAL CORPORATION,

Steven Long
Nicole Westbrook

Plaintiff,
v.
MEDTRONIC, INC., a Minnesota corporation;
MEDTRONIC SOFAMOR DANEK, INC., an Indiana
corporation;
MEDTRONIC PS MEDICAL, INC. d/b/a Medtronic
Neurologic Technologies, a California corporation; and
MEDTRONIC SOFAMOR DANEK CO., LTD.,

Michael Simons
Steven Zager
Kelly Johnson

Defendants.

COURTROOM MINUTES
HEARING:

Rule 702- Evidentiary

9:05 a.m.

Court in session.

The Court addresses
Plaintiff’s counsel state the opinions of Dwight Duncan and defendants state their objections to
same.
Oral motion to withdraw the Joint Motion (Doc. #289) and rely upon the Amended Joint Motion
at (Doc. #342).

Courtroom Minutes
Chief Judge Marcia S. Krieger
Page 2
ORDER:

Oral motion to withdraw Joint Motion (Doc. #289) is GRANTED. It is deemed
WITHDRAWN.

Witness sworn for the : Dwight Duncan :
9:18 a.m.
Direct Examination by Mr. Long.
Cross examination of witness by Mr. Zager.
10:43 a.m.
10:59 a.m.

Court in recess
Court in session

Re-direct examination of witness.
No further witnesses by plaintiff.
Witness sworn for the defendants : Richard Gilbert :
11:00 a.m.
Direct Examination by Mr. Zager.
Cross examination of witness by Mr. Long.
No re-direct examination of witness.
Witness sworn for the defendants : John Johnson :
11:44 a.m.
Direct Examination by Mr. Zager.
Cross examination of witness by Mr. Long.
No re-direct examination of witness.
Defendants rest.
No rebuttal testimony.
No closing arguments.
12:05 p.m.
2:00 p.m.

Court in recess.
Court in session

oral findings are made of record and incorporated herein.

Courtroom Minutes
Chief Judge Marcia S. Krieger
Page 2
ORDER:

The Court’s ruling with regard to the foundation requirements are as set forth in
the record.

The parties stipulate to the Court reviewing the papers submitted and issuing a written ruling as
to foundational requirements of witness Dr. Chewning in lieu of another hearing.
ORDER:

The parties’ deposition designations will be submitted electronically by June 15,
2015.

The Court addresses defendants’ Motion for Leave to Amend Joint 702 Motion re Scott Hay
(Doc. #341).
Proffers by counsel as to expected testimony and challenges.
The Court makes no ruling. The parties will discuss this matter and advise the Court if a hearing
is needed.
3:05 p.m.

Court in recess

Total Time: 3 hours 49 minutes.
Hearing concluded.