Hoppe, II et al v. Percheron Associates, LLC et al

Filing 50

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Final Pretrial Conference held on 6/27/2013. 44 Motion in Limine to Exclude Testimony of Plainttif's Proffered Expert is GRANTED IN PART and DENIE D IN PART. 45 Motion in Limine Barring Counterclaim Plaintiffs and Their Agent, Steven Silberberg, From Testifying is DENIED. No later than July 11, 2013, the parties are to submit to chambers their exhibit notebook, a list of witnesses with estimated duration of their testimony, and proposed findings of fact and conclusions of law. Trial is set to begin July 15, 2013 at 9:00 a.m. FTR: Courtroom A402 - C. Covington. (ccovi)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 11-cv-03233-CBS
Date: June 27, 2013

FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Courtni Covington

Parties:

Counsel:

ROGER HOPPE, II,

Michael L. Glaser

Plaintiff,
v.
PERCHERON ASSOCIATES, LLC, et al.,

Timothy J. Lamb
Edward Shepyer

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: FINAL PRETRIAL CONFERENCE
Court in Session:
1:26 p.m.
Court calls case. Appearances of counsel.
Counsel review the proposed final pretrial order with the court.
ORDERED: The FINAL PRETRIAL ORDER is signed and entered with interlineations.
This matter is before the court regarding Defendants’ MOTION in Limine to Exclude
Testimony of Plaintiff’s Proffered Expert Benjamin L. Homel aka Randy Michaels [Doc.
No. 44, filed 5/30/13] and Plaintiff’s MOTION in Limine Barring Counterclaim Plaintiffs
and Their Agent, Steven Silberberg, From Testifying That Limon Broadcasting, LLC Had
No Assets to Sell at the Time the Purchase Agreement Was Executed [Doc. No. 45, filed
5/30/13].

The court shall start with Defendants’ Motion in Limine to Exclude Testimony of Plaintiff’s
Proffered Expert Benjamin L. Homel aka Randy Michaels.

Mr. Lamb presents oral argument and engages in discussion with the court. Discussion between
the court and Mr. Glaser regarding the disclosure of Plaintiff’s expert Benjamin L. Homel a.k.a.
Randy Michaels, and what type of testimony he will provide.
Further discussion regarding the timing of the motion and Defendants’ objection to the
supplemental report. Relevant decisions and case law cited.

ORDERED:

Defendants’ Motion in Limine to Exclude Testimony of Plaintiff’s
Proffered Expert Benjamin L. Homel aka Randy Michaels [Doc. No. 44,
filed 5/30/13] is GRANTED in part and DENIED in part, for the
reasons stated on the record. The motion is denied to the extent it seeks to
exclude Mr. Homel completely. The motion is granted to the extent it
challenges the timeliness and appropriateness of the June 17, 2013
supplementation. The June 17, 2013 Supplemental Report is
STRICKEN.

The court raises the Plaintiff’s Motion in Limine Barring Counterclaim Plaintiffs and Their
Agent, Steven Silberberg, From Testifying That Limon Broadcasting, LLC Had No Assets
to Sell at the Time the Purchase Agreement Was Executed for argument and discussion. The
court notes its issues with excluding all testimony sought in the motion.
ORDERED:

For the reasons stated on the record, Plaintiff’s Motion in Limine Barring
Counterclaim Plaintiffs and Their Agent, Steven Silberberg, From
Testifying That Limon Broadcasting, LLC Had No Assets to Sell at the
Time the Purchase Agreement Was Executed [Doc. No. 45, filed 5/30/13]
is DENIED.

Discussion between the court and the parties regarding the expected daily schedule and
preparations for trial. Trial is to begin July 15, 2013 at 9:00 a.m.
ORDERED:

No later than July 11, 2013, the parties are to submit to chambers their
exhibit list and exhibits in chronological order in the same notebook as
well as submit a list of witnesses with estimated duration of their
testimony. A notebook should be provided for the court, one for the
witness, and one for the Courtroom Deputy. The parties should stipulate
to as many exhibits as possible. Also by July 11, 2013, counsel shall
submit proposed findings of fact and conclusions of law electronically to
chambers in a Word document.

Discussion between the court and the parties regarding filing of trial briefs and of possible
settlement. The court notices the parties that if a settlement is reached, they should notify
chambers’ staff. If the parties choose to submit trial briefs, they should do so no later than July
11, 2013.
HEARING CONCLUDED.
Court in recess:
2:26
Total time in court: 01:00
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at
[phone] or toll free at 1-800-962-3345.