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

Filing 391

MINUTE ENTRY for Final Pretrial Conference held before Chief Judge Marcia S. Krieger on 8/3/2015. 345 Motion for Sanctions; 373 Motion to Strike are both DENIED. 369 Motion for Leave to File Summary Judgment Motion is GRANTED. Dispositive Motions due by 8/14/2015; Plaintiff's Responsive Brief due by 9/4/2015; Defendant's Reply Brief due by 9/18/2015. Revised Final Pretrial Order due by 9/18/2015. Jury Trial set for 1/4-7; 11-14; 19-22; 25-28/2016 08:30 AM in Courtroom A 901 before Chief Judge Marcia S. Krieger. 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: August 3, 2015

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

Counsel Appearing:

LENOX MACLAREN SURGICAL CORPORATION, a
Colorado corporation,

Stephen Long
Nicole Westbrook

Plaintiff,
v.
MEDTRONIC, INC., a Minnesota corporation

Steven Zagar
Michael Simons

Defendant.

COURTROOM MINUTES
HEARING:

Final Pretrial Conference.

3:14 p.m.

Court in session.

Parties are present: Linda Lenox on behalf of Lenox and Chad Hanson on behalf of Medtronic.
PENDING MOTIONS.
The Court will not address Motions at #324, 383, 389 prior to trial for the reasons stated on the
record.
The Court addresses Plaintiff Lenox’s Motion for Sanctions (Doc. #345) and Defendant’s
Motion to Strike it (Doc. #373).
No further arguments.
ORDER:

The motions (Doc. #345, #373) are DENIED at this time for the reasons stated on
the record.

Courtroom Minutes
Chief Judge Marcia S. Krieger
Page Two
The Court addresses defendant’s Motion for leave to File a Motion for Summary Judgment (Doc.
#369)
No further argument.
ORDER:

Defendant’s Motion for Leave to File Motion for Summary Judgment (Doc. #369)
is GRANTED, but the filing will not delay in the scheduling of or commencing
of the trial in this matter as set forth in the record.

Review of the proposed final pretrial order - matters addressed:
Claims
Defenses
Witness List
Exhibit List
Anticipated motions
Trial length, trial process,, evidentiary issues and any questions posed by counsel.
ORDER:

Jury Trial is scheduled as follows: January 4-7; 11-14; 19-22; 25-28, 2016
beginning at 8:30 a.m. on all days unless the Court advises otherwise. The case
will be submitted to the jury no later than January 28. No trial will be held on
January 8 and 15.

ORDER:

Pertinent to trial process: Each side will be allotted 45 hours of time to use
however they wish (openings, closings, evidence, presentation, etc.) The time is
tracked by the Courtroom Deputy on a chess clock.

ORDER:

Defendant’s Motion for Summary Judgment will be filed by August 14, 2015,
responses filed by September 4, 2015 and reply filed by September 18, 2015.

ORDER:

Revised final pretrial order, witness and exhibit lists to be filed by September 18,
2015.

4:36 p.m.

Court in recess.

Total Time: 1hour 22 minutes.
Hearing concluded.