Sipes v. Allstate Indemnity Company

Filing 155

MINUTE ENTRY for proceedings held before Judge Philip A. Brimmer. Trial Preparation Conference held on 6/10/2013. ORDERED: 38 Motion to Exclude is denied as moot; 40 Motion for Summary Judgment is denied as moot; 101 Motion to Exclude is granted and 138 Motion in Limine is granted. Court Reporter: Janet Coppock. (pabcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Janet Coppock

Date: June 10, 2013
Time: one hour and 32 minutes

CASE NO. 11-CV-02369-PAB-KMT
Parties

Counsel

LARRY SIPES,

Bruce Kaye
Mari Bush
Robert Fishman
Plaintiff (s),

vs.
ALLSTATE INDEMNITY COMPANY,
Defendant (s).

Habib Nasrullah
Terence Ridley
Michael Song

TRIAL PREPARATION CONFERENCE

2:36 p.m.

COURT IN SESSION

APPEARANCES OF COUNSEL.
Matter is set for a four day jury trial commencing July 9, 2013. Counsel are advised that
this case will likely be bumped because of an older civil case scheduled to commence
the same day.
Court advises counsel that if they agree to continue the trial they should file a joint
motion to vacate.

Page Two
11-cv-02369-PAB-KMT
June 10, 2013
Court and counsel address pending motions.
Argument by Mr. Kaye in support of plaintiff’s Motion to Exclude All Trial Testimony on
Fire Cause and Origin. Questions by the Court.
Argument by Mr. Ridley. Questions by the Court.
Further argument by Mr. Kaye.
ORDERED: Plaintiff’s Motion to Exclude All Trial Testimony on Fire Cause and Origin
[Docket No. 101] is GRANTED. The Court also excludes live testimony of
John Lentini and Rita Booker.
ORDERED: Plaintiff’s Motion to Exclude Defense Experts [Docket No. 38] is DENIED
as MOOT.
ORDERED: Plaintiff’s Motion for Partial Summary Judgment [Docket No. 40] is
DENIED as MOOT.
ORDERED: Defendant’s Motion in Limine to Preclude Evidence of Polygraph Test
Taken by Plaintiff [Docket No. 138] is GRANTED.
Court and counsel discuss Judge Brimmer’s Practice Standards regarding jury selection
of 9, voir dire by counsel limited to 15 minutes, opening statements limited to 30
minutes, witnesses and exhibits.
ORDERED: Counsel shall confer with each other and file a brief statement of the case.
ORDERED: Witnesses will be SEQUESTERED.
ORDERED: Defendant’s motion in limine regarding issues discussed in these
proceedings is due by June 20, 2013. Plaintiff’s response is due by June
27, 2013.
ORDERED: Counsel shall contact chambers on June 13, 2013 advising if they want to
reschedule the trial.
4:08 p.m.

COURT IN RECESS

Total in court time:
Hearing concluded

92 minutes