Kelly et al v. Marusarz

Filing 32

Courtroom Minutes for Pretrial Conference held on 11/20/2012 before Judge Richard P. Matsch. ORDERED: Plaintiffs' Motion to Strike Certain Defenses and Affirmative Defenses 29 , is granted as stated on record. Plaintiff Colin D. Wright is di smissed. Motion to Strike Defendant's Expert Designation and to Preclude Expert Testimony 28 , is granted. Three day jury trial scheduled May 20, 2013. Janet and Eric Scharling not permitted to testify because of late disclosure. Counsel to submit revised proposed pretrial order by November 27, 2012.FTR: K. Terasaki. (rpmcd )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: November 20, 2012 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________________ Civil Action No. 12-cv-00221-RPM SHARON KELLY and COLIN D. WRIGHT, Andrew R. McLetchie Daniel M. Fowler Plaintiffs, v. ALEX MARUSARZ, Carl W. Dowdy Gregory R. Giometti Defendant. ____________________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________________ Pretrial Conference 2:50 p.m. Court in session. ORDERED: Plaintiffs’ Motion to Strike Certain Defenses and Affirmative Defenses [29], is granted as stated on record. Oral motion to dismiss plaintiff Colin D. Wright by Mr. McLetchie. ORDERED: Plaintiff Colin D. Wright is dismissed. Discussion regarding witnesses. Discussion regarding damages (physicians and doctors). Counsel stipulate to the admissibility of the Australian medical records and that Australian physicians will not be witnesses at trial. Discussion regarding Ms. Kelly’s current medical condition. Court states its practice regarding orders of reference to magistrate judge for settlement (joint motion). Discussion regarding experts and Court’s states its view. November 20, 2012 12-cv-00221-RPM ORDERED: Motion to Strike Defendant’s Expert Designation and to Preclude Expert Testimony [28], is granted. ORDERED: Three day jury trial scheduled May 20, 2013. Further discussion regarding witnesses. Janet and Eric Scharling not permitted to testify because of late disclosure. Discussion regarding exhibits. Counsel stipulate to pay records (no records custodian necessary). ORDERED: Counsel to submit revised proposed pretrial order by November 27, 2012. 3:15 p.m. Court in recess. Hearing concluded. Total time: 20 min. 2

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