Hamilton v. Moog Inc.

Filing 33

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Telephonic Motion Hearing held on 10/30/2012.Denying 28 Moog Inc.'s Motion to Strike Plaintiff's Experts Stephen F. Badylak, D.V.M., M.D., Ph. D. and David S. Bailie, M.D. Scheduling Order 16 is amended. Discovery due by 12/31/2012. Dispositive Motions due by 1/18/2013. Court Reporter: FTR - Ellen E. Miller. (mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 12-cv-00501-REB-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

October 30, 2012
Parties

DANIEL HAMILTON,

Counsel
Thomas J. Kresl

Plaintiff(s),
v.
MOOG, INC.,

Sandy M. Eloranto

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:
TELEPHONIC MOTION HEARING
Court in Session:
2:05 p.m.
Court calls case. Appearances of counsel. It is noted Mr. Fern is unable to appear on the
conference call as he is located in New York which is being battered by severe storms,
primarily Hurricane Sandy.
The Court raises Moog Inc.’s Motion to Strike Plaintiff’s Experts Stephen F. Badylak, D.V.M.,
M.D., Ph. D. and David S. Bailie, M.D. [Docket No. 28] for discussion.
It is noted Plaintiff provided reports by Dr. Bailie on September 25, 2012, and Dr. Badylak on
September 28, 2012.
It is ORDERED:

Moog Inc.’s MOTION TO STRIKE Plaintiff’s Experts Stephen F. Badylak,
D.V.M., M.D., Ph. D. and David S. Bailie, M.D. [Docket No. 28, filed
September 28, 2012] is DENIED for reasons as set forth on the record.

It is ORDERED:

Defendant shall have up to and including NOVEMBER 09, 2012 within
which to make its 26(a)(2) disclosures.
Plaintiff shall have up to and including DECEMBER 03, 2012 to
designate rebuttal experts.
Discovery Cut-off is extended to DECEMBER 31, 2012.
Dispositive Motions deadline is extended to JANUARY 18, 2013.

Scheduling Order [Docket No. 16, filed May 04, 2012] is amended accordingly.

Plaintiff’s counsel shall discuss with Dr. Bailie his prior testimony in other cases.
Plaintiff shall create with Dr. Bailie a list of other cases in which Dr. Bailie has testified, and
provide the list to Defendant by 5:00 p.m. NOVEMBER 02, 2012.
Discussion is held regarding the agreement between the parties as to the hourly fee to be paid
Dr. Bailie
It is noted Dr. Motz is noticed for depostion Tuesday and is under subpoena to produce certain
documents.
Discussion is held regarding medical releases which were signed as recently as this morning.

Hearing concluded.
Court in recess: 2:32 p.m.
Total In-Court Time 00: 27

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