Minck v. BNSF Railway Company

Filing 79

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Daubert Hearing held on 11/26/2013. 28 Defendant's Motion to Strike Parts of Dr. Johanning's Expert Testimony Pursuant to F.R.E. 702 is GRANTED. 29 Defendant's Motion for Partial Summary Judgment on Plaintiff's Claimed Neck or Cervical Spine Injuries is GRANTED. 31 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. 51 Motion to Strike Dr. Jeffrey Kleiner's Expert Testimony Pursuant to F.R.E. 702 is DENIED. Court Reporter: Janet Coppock. (rbjcd, )

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

Civil Action:
Courtroom Deputy:

12-cv-01788-RBJ
Julie Dynes

Date: November 26, 2013
Court Reporter: Janet Coppock

Parties

Counsel

RAYMOND A. MINCK III
Plaintiff(s)

Frederic A. Bremseth via telephone

v.
BNSF RAILWAY COMPANY

Keith M. Goman
Chad M. Knight

Defendant(s)

COURTROOM MINUTES

DAUBERT HEARING
Court in Session: 1:01 p.m.
Appearance of counsel.
Plaintiff’s witness, Dr. Eckardt Johanning, called and sworn. Witness appears via telephone.
1:02 p.m.

Direct examination of Dr. Johanning by Mr. Bremseth.

1:28 p.m.

Cross examination of Dr. Johanning by Mr. Goman.

2:11 p.m.

Redirect examination of Dr. Johanning by Mr. Bremseth.

Argument presented on [31] Defendant’s Motion for Summary Judgment or, In the Alternative,
for Partial Summary Judgment.
ORDERED: [31] Motion for Summary Judgment is GRANTED as to design, TAKEN
UNDER AVISEMENT as to track maintenance, to be ruled on during testimony
at trial.

3:00 p.m.
3:13 p.m.

Court in recess.
Court in session.

Plaintiff’s witness, Dr. Jeffrey Kleiner, called and sworn. Witness appears via telephone.
3:17 p.m.

Direct examination of Dr. Kleiner by Mr. Bemseth.

3:38 p.m.

Cross examination of Dr. Kleiner by Mr. Goman.

3:57 p.m.

Redirect examination of Dr. Kleiner by Mr. Bemseth.

Discussion held on exhibit lists.
ORDERED: Parties are to exchange their top 50 exhibits to be used at trial.
The court makes findings of facts, conclusions of law.
ORDERED: [28] Defendant’s Motion to Strike Parts of Dr. Johanning’s Expert Testimony
Pursuant to F.R.E. 702 is GRANTED.
[29] Defendant’s Motion for Partial Summary Judgment on Plaintiff’s Claimed
Neck or Cervical Spine Injuries is GRANTED.
[31] Motion for Summary Judgment is GRANTED IN PART and DENIED IN
PART.
[51] Motion to Strike Dr. Jeffrey Kleiner’s Expert Testimony Pursuant to F.R.E.
702 is DENIED.
Court in Recess: 4:55 p.m.

Hearing concluded.

Total time in Court: 03:41