A.H. et al v. Evenflo Company, Inc.

Filing 244

MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Trial Preparation Conference held on 11/19/2015. Conference concluded. Court Reporter: Kara Spitler. (dhans, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE R. BROOKE JACKSON

Civil Action:
Courtroom Deputy:

10-cv-02435-RBJ
Deborah Hansen

Parties
A.H. a minor, by and through his parent and
next friend, TONY HADJIH, AND
TONY HADJIH, individually,

Date: November 19, 2015
Court Reporter: Kara Spitler
Time: 1 hour and 24 minutes
Counsel
R. Douglas Gentile (by telephone)
Jeffrey Rowe (by telephone)
William Marlin

Plaintiffs,
v.
EVENFLO COMPANY, INC.,
a Delaware corporation,

John Fitzpatrick
Erin Frohardt
Dan Ball

Defendant.

COURTROOM MINUTES
TRIAL PREPARATION CONFERENCE
Court in Session: 01:30 p.m.
Appearances of counsel
ORDERED: Plaintiffs’ Motion in Limine #1 to Preclude Any And All Evidence Regarding
Evenflo’s “Compliance” With FMVSS 213 [224] is DENIED.
ORDERED: Plaintiffs’ Motion in Limine #2 to Preclude Any And All Evidence Regarding
The 2004 NHTSA “Preliminary Evaluation” Into The Evenflo Discovery
[225] is DENIED.
Also pending is the Plaintiffs’ Rule 702 Motion Pertaining to Defense Expert William Van
Arsdell [227]

Court’s comments
The parties state that it is acceptable to them for the Court to rule on Plaintiffs’ Rule 702 Motion
Pertaining to Defense Expert William Van Arsdell [227] without an evidentiary hearing.
ORDERED: Plaintiffs’ Rule 702 Motion Pertaining to Defense Expert William Van
Arsdell [227] is DENIED IN PART AND GRANTED IN PART.
The design defect issue has been resolved; therefore, the Court strikes and
orders the defendant not to express an opinion consistent with the last
sentence of Paragraph 12 of Mr. Van Arsdell’s Report.
Jury Instruction Conference
Court’s comments
A sentencing hearing is scheduled on December 8, 2015 in the USA v. Harold Henthorn case.
Discussion
Chambers will contact counsel in the case of USA v. Harold Henthorn, 14-cr-448, to see what
they are anticipating in terms of the length of the Sentencing Hearing. Chambers will then let
counsel know whether the parties should plan to start at 10:00 or 10:30, or in the afternoon on
December 8th.
Court’s comments regarding jury selection
The Court will empanel seven jurors.
Discussion
With regard to settlement discussions, defense counsel states that they had communications last
week and have reached a substantial impasse.
Court in Recess: 02:54 p.m.
Conference concluded.