Wyers, et al v. Greenberg Traurig, LLP et al

Filing 214

MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Daubert Hearing held on 3/4/2015. Taking under advisement 144 Motion to Exclude. Taking under advisement 200 Motion in Limine. Plaintiffs shall file supplemental authority on the motion in limine not later than Thursday, March 12, 2015. Defendants shall file supplemental authority on the same motion in limine not later than Tuesday, March 17, 2015. Court Reporter: Mary George. (rkeec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
SENIOR JUDGE WILEY Y. DANIEL

Courtroom Deputy:
E.C.R./Reporter:

Robert R. Keech
Mary George

Date: March 4, 2015

Civil Action No: 12-cv-00750-WYD-CBS

Counsel:

PHILIP W. WYERS and
WYERS PRODUCTS GROUP, INC.,

R. Parker Semler
Matthew Nelson

Plaintiffs,
v.
GREENBERG TRAURIG, LLP;
MARK L. HOGGE;
LAURA M. KLAUS; and
ROBERT P. CHARROW,

Michael L. Hutchinson
Taras A. Gracey

Defendants.

COURTROOM MINUTES

DAUBERT HEARING
9:34 a.m.

Court in Session
APPEARANCES OF COUNSEL.
Court’s opening remarks.

9:35 a.m.

Discussion regarding jury instructions and exhibits.

ORDERED:

Parties shall file revised jury instructions, with maximum agreement on stipulated
jury instructions, not later than Wednesday, March 11, 2015.
Defendants’ Motion to Exclude Expert Testimony of Melinda M. Harper [ECF
Doc. No. 144], filed June 2, 2014, is raised for argument.
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9:40 a.m.

Plaintiffs’ witness Melinda Marion Harper sworn.
Direct examination by Plaintiffs (Mr. Semler).
EX ID:
1, 3

Exhibit(s) 1, 3 (except for page 1) RECEIVED.
10:43 a.m.

Cross examination by Defendants (Mr. Gracey).

11:00 a.m.

Court in Recess

11:21 a.m.

Court in Session
Defendant’s witness Melinda Marion Harper resumes.
Cross examination by Defendants continues (Mr. Gracey).
EX ID:
1

11:46 a.m.

Re-Direct examination by Plaintiffs (Mr. Semler).

11:53 a.m.

Court outlines areas to be raised in arguments later today.

12:01 p.m.

Court in Recess

1:37 p.m.

Court in Session

1:38 p.m.

Defendant’s witness Ambreen Salters sworn.
Direct examination by Defendants (Mr. Gracey).
Witness tendered and accepted as an expert.

2:07 p.m.

Cross examination by Plaintiffs (Mr. Semler).

2:16 p.m.

Re-Direct examination by Defendants (Mr. Gracey).

2:22 p.m.

Statement by Plaintiffs (Mr. Semler).

2:27 p.m.

Argument by Defendants (Mr. Gracey).

2:47 p.m.

Argument by Plaintiffs (Mr. Semler).

3:01 p.m.

Argument by Defendants (Mr. Gracey).

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ORDERED:

Defendants’ Motion to Exclude Expert Testimony of Melinda M. Harper [ECF
Doc. No. 144], filed June 2, 2014, is TAKEN UNDER ADVISEMENT and will be
decided during the trial.

ORDERED:

Plaintiffs shall not mention royalty damages nor the amount of damages being
sought in opening statements.
Plaintiffs’ Motion in Limine [ECF Doc. No. 200], filed January 18, 2015, is raised
for argument.

3:05 p.m.

Argument by Plaintiffs (Mr. Semler).

3:12 p.m.

Argument by Defendants (Mr. Hutchinson).

3:17 p.m.

Argument by Plaintiffs (Mr. Semler).

ORDERED:

Plaintiffs’ Motion in Limine [ECF Doc. No. 200], filed February 18, 2015, is
TAKEN UNDER ADVISEMENT.

ORDERED:

Plaintiffs shall file supplemental authority on the motion in limine not later than
Thursday, March 12, 2015.

ORDERED:

Defendants shall file supplemental authority on the same motion in limine not
later than Tuesday, March 17, 2015.

3:29 p.m.

Discussion regarding estimated length of trial and that it might extend to seven
trial days.

3:30 p.m.

Court in Recess - HEARING CONCLUDED.

TOTAL TIME: 3:59
CLERK’S NOTE:

EXHIBITS WERE RETURNED TO COUNSEL AT THE CONCLUSION
OF THE HEARING.

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