Dawson v. Audet et al

Filing 110

MINUTE ENTRY for Final Pretrial Conference held before Chief Judge Marcia S. Krieger on 11/13/2014. 101 Motion to Appoint Counsel is GRANTED in part and DENIED in part; 102 Motion for Order is DENIED; 103 Motion for Order is DENIED as moot; 108 Motion to Clarify is GRANTED. Jury Trial(4 days) set for 3/9/2015 -3/12/2015 09:00 AM in Courtroom A 901 before Chief Judge Marcia S. Krieger. Other matters addressed, including deadlines, if any,are set forth in the Minutes. Court Reporter: Terri Lindblom. (pglov)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CHIEF JUDGE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Terri Lindblom Date: November 13, 2014 Civil Action No. 12-cv-00901-MSK-BNB Parties: Counsel Appearing: JAMES RALPH DAWSON, JR., James Ralph Dawson, Jr., pro se Plaintiff, v. DONALD BRIGHTWELL, Kristin Ruiz Jacquelynn Fredericks Defendant. COURTROOM MINUTES HEARING: Final Pretrial Conference. 10:27 a.m. Court in session. Plaintiff is present by telephone. Defendant is present. The Court addresses non-conformity with it’s Final Pretrial Order form and attachments. PENDING MOTIONS. Oral findings are made of record and incorporated herein. The Court addresses Plaintiff’s Motion to Allow Plaintiff to Contact Judge’s Chambers for Pretrial Conference (Doc. #103). ORDER: Plaintiff’s Motion to Allow Plaintiff to Contact Judge’s Chambers for Pretrial Conference (Doc. #103) is DENIED as moot. Courtroom Minutes Chief Judge Marcia S. Krieger Page Two The Court addresses Defendant’s Motion to Clarify re Trier of Fact (Doc. #108) ORDER: Defendant’s Motion to Clarify re Trier of Fact (Doc. #108) is GRANTED. The Court’s previous order is modified to reflect that this matter will be tried to a jury rather than the Court. The Court addresses Plaintiff’s Motion Objecting to Summary Judgment Order (Doc. #102). ORDER: Plaintiff’s Motion Objecting to Summary Judgment Order (Doc. #102) is DENIED. The Court addresses Plaintiff’s Motion to Appoint Counsel (Doc. #101) ORDER: Plaintiff’s Motion to Appoint Counsel (Doc. #101) is GRANTED in part and DENIED in part as set forth in the record. Review of the proposed final pretrial order. ORDER: Defense counsel will file a trial brief pertaining to its affirmative defenses in the Final Pretrial Order that would have been included had they filed a dispositive motion on these issues. ORDER: Pertinent to trial process: This matter will be set for a four day jury trial. Each party will be allocated nine (9) hours of time to use however they wish (openings, closings, evidence presentation, etc.) The time will be tracked on a chess clock by the Courtroom deputy. Voir dire will be conducted by the Court. ORDER: Proposed voir dire and jury instructions will be filed by December 15, 2014. ORDER: A four day jury trial is scheduled to commence on March 9, 2015 at 9:00 a.m. in Courtroom A901, 901 19th Street. It will be concluded no later than 5:00 p.m. on March 12, 2015. 11:22 a.m. Court in recess. Total Time: 55 minutes. Hearing concluded.

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