D.R. Horton, Inc. - Denver, et al v. Mountain States Mutual Casualty Company, et al

Filing 227

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Bench Trial Day One held on 6/23/2014. Opening arguments given, evidence and testimony presented. 223 Defendant Mountain States Mutual Casualty Company's Motion to Renew Previously Determined Motions is DENIED. Pending motions in limine [Docket numbers 184, 185, 197, and 198] are DENIED. Trial continued. Court Reporter: Kara Spitler. (jdyne, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE R. BROOKE JACKSON

Civil Action:
Courtroom Deputy:

12-cv-01080-RBJ-BNB
Julie Dynes

Date: June 23, 2014
Court Reporter: Kara Spitler

Parties

Attorney(s)

D.R. HORTON, INC.

George R. Lyons, Jr.
Patrick J. Kanouff
Scott W. Wilkinson
Plaintiff(s)

v.
MOUNTAIN STATES MUTUAL CASUALTY
COMPANY
Defendant(s)

Cathleen H. Heintz
Jessica C. Collier

COURTROOM MINUTES

BENCH TRIAL DAY ONE
Court in Session: 8:58 a.m.
Appearance of counsel.
Discussion held on recent filings and pending motions.
9:01 a.m.

Opening Statement by Mr. Wilkinson.

9:33 a.m.

Opening Statement by Ms. Heintz.

ORDERED: [223] Defendant Mountain States Mutual Casualty Company’s Motion to
Renew Previously Determined Motions is DENIED.
10:08 a.m.
10:24 a.m.

Court in recess.
Court in session.

Discussion held on pending motions in limine.

ORDERED: Pending motions in limine [Docket numbers 184, 185, 197, and 198] are
DENIED.
Plaintiff’s witness, Stacey Scherer, testifies via video deposition.
12:03 p.m.
1:36 p.m.

Court in recess.
Court in session.

Continued testimony of Ms. Scherer via video deposition.
Discussion held on objections to video deposition and the position of the parties as to this case.
Plaintiff’s witness, Derek Lindenschmidt, called and sworn.
2:11 p.m.

Direct examination of Mr. Lindenschmidt by Mr. Wilkinson.
Exhibits 1, 2, 3, 4, 5, 6, 7, 9, 10, 12, 13, 15, 16, 19, 20, 21, 22, 41, 47, 48 and 68
are admitted.

3:16 p.m.
3:29 p.m.

Court in recess.
Court in session.

Continued direct examination of Mr. Lindenschmidt by Mr. Wilkinson.
Exhibits 49, 51, 52, 53, 55, 57, 58 and 59 are admitted.
3:31 p.m.

Cross examination of Mr. Lindenschmidt by Ms. Collier and Ms. Heintz.
Exhibit A-116 partially admitted (sections 1-6), exhibit A-122 partially
admitted.

Discussion held on expert reports and additional examination of Mr. Lindenschmidt.
4:54 p.m

Redirect examination of Mr. Lindenschmidt by Mr. Wilkinson.

4:54 p.m.

Recross examination of Mr. Lindenschmidt by Ms. Heintz.

Court in Recess: 4:56 p.m.

Trial continued.

Total time in Court: 05:56