Auraria Student Housing at the Regency, LLC v. Campus Village Apartments, LLC

Filing 222

MINUTE ENTRY for Trial Preparation Conference held on 1/6/2015. ORDERED: 1. Defendant Campus Village Apartments, LLC's Motion to Permit Testimony at Trial of Witness Not Previously Listed on Final Witness List 195 is DENIED. ORDERED: 2. Plain tiff Regency's Motion In Limine to Preclude Introduction of Evidence Relating to Uncharged Tying Arrangement 197 is not ripe; and therefore, HELD IN ABEYANCE. ORDERED: 3. Plaintiff Regency's Motion for Juror Questionnaire to be Submitted to Jury Array 199 is DENIED. ORDERED: 4. Plaintiff Regency's Motion to Amend Final Pretrial Order in Certain Limited Respects 206 IS DENIED as to the combination issue. Plaintiff will not be permitted to add the word "combination&quo t; to its Jury Instructions or other papers.Counsel shall meet and confer in an effort to stipulate to Further Jury Instructions and Verdict Forms; and shall file by January 13, 2015 their Amended Final Jury Instructions and Verdict Forms. The Motion is GRANTED with respect to the clarification of the parties to the conspiracy, and clarification of the content of the state law interference claim. ORDERED: 5. Each side will have 20 minutes for opening statements. ORDERED: 6. Counsel shall me et and confer to reach additional stipulations on exhibits, and make another effort to stipulate, to the greatest extent possible, to both authenticity and admissibility, including the subsets referred to today. The defense shall eliminate the " ;Dep. Exh." column from its Exhibit List. The parties shall file Amended Exhibit Lists by Wednesday, January 14, 2015. ORDERED: 7. The defense shall notify the Court by January 14, 2015 whether Frank Sanchez will be testifying in person o r by deposition. ORDERED: 8. The parties shall send an email to chambers by the end of this week with a list of the names of all persons who will be seated at counsel tables for the trial. ORDERED: 9. Counsel shall be present at 8:30 a.m. on Tu esday, January 20th to address any pretrial matters. The Court will also address the proposed voir dire questions at that time. ORDERED: 10. The parties shall file by Tuesday, January 13th, a stipulated statement of the case. If a stipulation c annot be reached, each side shall file its statement of the case and the Court will combine them and decide what is going to be read to the jurors. ORDERED: 11. No trial briefs will be accepted. Conference concluded. Court Reporter: Gwen Daniel. (dhans, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
_____________________________________________________________________
Courtroom Deputy: Deborah Hansen
Court Reporter:
Gwen Daniel

Date: January 6, 2015

______________________________________________________________________
Civil Action No. 10-cv-02516-WJM-KLM

Counsel:

AURARIA STUDENT HOUSING AT THE
REGENCY, LLC,

Thomas P. McMahon
George S. Long

Plaintiff,
v.
Michael J. Hofmann
Paul J. Lopach
Sarah L. Hartley

CAMPUS VILLAGE APARTMENTS, LLC,
Defendant.

_____________________________________________________________________
COURTROOM MINUTES
_____________________________________________________________________
TRIAL PREPARATION CONFERENCE
02:35 p.m.

Court in Session

Appearances
Court’s comments
This case is set for a nine-day jury trial commencing on Tuesday, January 20, 2015.
Argument/Discussion
ORDERED: 1.

Defendant Campus Village Apartments, LLC’s Motion to Permit
Testimony at Trial of Witness Not Previously Listed on Final
Witness List [195] is DENIED.

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ORDERED: 2.

Plaintiff Regency’s Motion In Limine to Preclude Introduction
of Evidence Relating to Uncharged Tying Arrangement [197] is
not ripe; and therefore, HELD IN ABEYANCE.

ORDERED: 3.

Plaintiff Regency’s Motion for Juror Questionnaire to be
Submitted to Jury Array [199] is DENIED.

ORDERED: 4.

Plaintiff Regency’s Motion to Amend Final Pretrial Order in
Certain Limited Respects [206] IS DENIED as to the
combination issue. Plaintiff will not be permitted to add the
word “combination” to its Jury Instructions or other papers.
Counsel shall meet and confer in an effort to stipulate to
Further Jury Instructions and Verdict Forms; and shall file by
January 13, 2015 their Amended Final Jury Instructions and
Verdict Forms.
The Motion is GRANTED with respect to the clarification of the
parties to the conspiracy, and clarification of the content of the
state law interference claim.

Discussion/Argument
Court’s comments
ORDERED: 5.

Each side will have 20 minutes for opening statements.

ORDERED: 6.

Counsel shall meet and confer to reach additional stipulations
on exhibits, and make another effort to stipulate, to the
greatest extent possible, to both authenticity and admissibility,
including the subsets referred to today.
The defense shall eliminate the “Dep. Exh.” column from its
Exhibit List.
The parties shall file Amended Exhibit Lists by Wednesday,
January 14, 2015.

ORDERED: 7.

The defense shall notify the Court by January 14, 2015 whether
Frank Sanchez will be testifying in person or by deposition.

ORDERED: 8.

The parties shall send an email to chambers by the end of this
week with a list of the names of all persons who will be seated
at counsel tables for the trial.
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ORDERED: 9.

Counsel shall be present at 8:30 a.m. on Tuesday, January
20th to address any pretrial matters. The Court will also
address the proposed voir dire questions at that time.

Argument/Discussion
ORDERED: 10.

The parties shall file by Tuesday, January 13th, a stipulated
statement of the case. If a stipulation cannot be reached, each
side shall file its statement of the case and the Court will
combine them and decide what is going to be read to the
jurors.

ORDERED: 11.

No trial briefs will be accepted.

Discussion re settlement
03:54 p.m.

Court in Recess
Conference concluded
Time: one hour and 19 minutes

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