Davies v. Seven Falls Company

Filing 135

MINUTE ENTRY for Trial Preparation Conference held on 1/23/2014 before Judge Raymond P. Moore. The Court finds as moot #68 Motion for Leave, denies #69 Motion for Partial Summary Judgment, grants in part and denies in part #70 Motion for Summary Judgment, overrules #108 APPEAL OF MAGISTRATE JUDGE DECISION to District Court, denies without prejudice #109 Motion to Exclude, denies without prejudice #110 Motion to Exclude, grants in part and denies in part #128 Motion in Limine, denies without prejudice #129 Motion in Limine, denies without prejudice #130 Motion in Limine, and denies #131 Motion in Limine. Court Reporter: Tammy Hoffschildt. (rmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE RAYMOND P. MOORE

Courtroom Deputy: Nick Richards
Court Reporter: Tammy Hoffschildt

Date: January 23, 2014

CASE NO. 12-cv-01490-RM-CBS
Parties

Counsel

KARL T. ANDERSON, solely in his capacity John Dress Gehlhausen
as Chapter 7 Trustee for the bankruptcy
David MacDonald Sargent
estate of Robert Leone Davies and Amber
Tracey Davies,
Plaintiff,
v.
SEVEN FALLS COMPANY, a Delaware
corporation, dba
THE NEW SEVEN FALLS COMPANY, dba
THE COTTAGE COMPANY, dba
SEVEN FALLES PIPELINE &
RESERVOIR,

Alan D. Avery
Zachary S. Westerfield

Defendant.

COURTROOM MINUTES
TRIAL PREPARATION CONFERENCE
COURT IN SESSION: 1:01 p.m.
Court calls case. Appearances of counsel.
Preliminary remarks by the Court.
Mr. Gehlhausen makes statement regarding Plaintiff’s position.
Mr. Avery makes statement regarding Defendant’s position.

ORDERED: Counsel shall be present at 8:30 a.m. on the morning of February 18,
2014 to discuss any preliminary matters prior to jury selection.
ORDERED: Each side shall be allowed 45 minutes for opening statements.
Remarks by the Court regarding stipulations and jury instructions.
ORDERED: The Order of Sequestration will NOT be in place during trial.
ORDERED: Defendant shall submit a final exhibit list on or before Monday, January
27, 2014.
ORDERED: Plaintiff shall submit a stipulated set of jury instructions. Each party shall
then file separate non-stipulated sets of jury instructions. Both sets of
proposed jury instructions shall be due on or before Friday, January 31,
2014.
Questions to the Court by Mr. Gehlhausen.
Discussion regarding highlighted exhibits.
Questions to the Court by Mr. Avery.
Discussion regarding Defendant’s Motion for Summary Judgment - Judicial Estoppel Pursuant to Fed.R.Civ.P 56 [Doc. No. 70, filed April 30, 2013].
1:45 p.m.

Statement by Mr. Westerfield regarding Motion for Summary Judgment
[70].

1:50 p.m.

Statement by Mr. Gehlhausen regarding Motion for Summary Judgment
[70].

Findings of the Court.
ORDERED: Defendant’s Motion for Summary Judgment [70] is GRANTED IN PART
AND DENIED IN PART as set forth on the record. A written order shall
follow this ruling.
Discussion regarding Plaintiff’s Motions in Limine [Doc. No. 128, filed January 16, 2014].
ORDERED: Plaintiff’s Motions in Limine [128] is GRANTED IN PART AND DENIED IN
PART as stated on the record. The motion is GRANTED IN PART in
terms of references to bankruptcy matters as explained on the record. The
remaining portions of the motion are DENIED WITHOUT PREJUDICE.

ORDERED: Parties shall submit briefing regarding Defendant’s proposal as discussed
on the record on or before the close of business on January 31, 2014.
Discussion regarding Defendant’s Motion in Limine to Preclude Testimony by Plaintiff’s
Expert Witnesses Which Exceeds the Scope of Their Endorsement or Constitutes
Impermissible Rebuttal Expert Testimony [Doc. No.129, filed January 16, 2014],
Defendant’s Motion in Limine to Exclude Reading Into Evidence Testimony From
Documents Containing Medical Information [Doc. No. 130, filed January 16, 2014], and
Defendant’s Motion in Limine to Preclude Reference to Amber Davies as “Amber” [Doc.
No. 131, filed January 16, 2014].
ORDERED: Defendant’s Motion in Limine to Preclude Testimony [129] is DENIED
WITHOUT PREJUDICE as stated on the record.
ORDERED: Defendant’s Motion in Limine to Exclude Reading [130] is DENIED
WITHOUT PREJUDICE as stated on the record.
ORDERED: Defendant’s Motion in Limine to Preclude Reference to Amber Davies as
“Amber” [131] is DENIED as stated on the record.
Discussion regarding Plaintiff’s Objections to Magistrate Judge’s July 18, 2013 Order
Denying Plaintiff’s Motion to Permit Disclosure of Plaintiff’s Rebuttal Expert [Doc. No.
108, filed August 1, 2013], Motion to Preclude Defendant, Its Counsel, and/or
Defendant’s Expert Witnesses From Mentioning, or Referring to the State of Colorado
Workers’ Compensation Regulation’s Diagnostic Criteria for Complex Regional Pain
Syndrome [Doc. No. 109, filed November 22, 2013], and Motion to Preclude Speculative
Expert Testimony as to the Cause of Amber Davies’ Complex Regional Pain Syndrome
[Doc. No. 110, filed November 22, 2013].
ORDERED: Plaintiff’s Objections to Magistrate Judge’s July 18, 2013 Order [108] is
OVERRULED. The Court finds nothing in the Order Regarding Motion to
Permit Disclosure of Plaintiff’s Rebuttal Expert [Doc. No. 106, filed July 18,
2013] to be clearly erroneous or contrary to law. The Court therefore
adopts the order and findings of Magistrate Judge Craig B. Shaffer.
ORDERED: Motion to Preclude Defendant [109] is DENIED WITHOUT PREJUDICE
as stated on the record.
ORDERED: Motion to Preclude Speculative Expert Testimony [110] is DENIED
WITHOUT PREJUDICE as stated on the record.
Discussion regarding Defendant’s Motion to File Motions for Summary Judgment in
Excess of 20 Pages [Doc. No. 68, filed April 30, 2013] and Defendant’s Motion for
Partial Summary Judgment on Plaintiff’s Claim for Exemplary Damages [Doc. No. 69,
filed April 30, 2013].

ORDERED: Defendant’s Motion to File Motions for Summary Judgment in Excess of
20 Pages [68] is MOOT.
ORDERED: Defendant’s Motion for Partial Summary Judgment [69] is DENIED as
stated on the record.
COURT IN RECESS: 2:42 p.m.
Total in court time: 01:41
Hearing concluded