Gresham et al v. Lobe

Filing 23

Courtroom Minutes for Scheduling Conference held on 4/3/2013 before Judge Richard P. Matsch. ORDERED: Plaintiffs' Motion to Strike Defendant Thom E. Lobe M.D.'s Designation of Nonparties 22 , is granted. Deadline for Joinder of Parties and Amendment of pleadings shall remain May 13, 2013. Counsel are to file a revised proposed scheduling order.FTR: K. Terasaki. (rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
April 3, 2013
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Kathy Terasaki
____________________________________________________________________________________
Civil Action No. 12-cv-03351-RPM-KMT
GRETCHEN GRESHAM,
SPENCER GRESHAM,
Individually and as Parents and Natural Guardians of
GRAYSON GRESHAM, a minor,

Derry B. Adams

Plaintiffs,
v.
THOMAS E. LOBE, M.D.

Patrick Q. Hustead
Christopher D. Yvars

Defendant.
____________________________________________________________________________________
COURTROOM MINUTES
____________________________________________________________________________________
Scheduling Conference
11:00 a.m.

Court in session.

Counsel answer questions and state their respective positions on case facts.
Mr. Hustead states the hospital did a limited investigation and the report has been kept confidential.
Ms. Adams describes Spencer Gresham’s current condition.
Discussion regarding experts.
Ms. Adams states plaintiffs’ expert has not produced a report because the deposition of doctors Lobe and
Sweeney are necessary.
Court instructs counsel to take the deposition of Dr. Lobe in Colorado Springs (no video) first then
Doctor Sweeney’s, so that plaintiffs’ expert Dr. Simon can complete his report.
ORDERED:

Plaintiffs’ Motion to Strike Defendant Thom E. Lobe M.D.’s Designation of
Nonparties [22], is granted.

Discussion regarding outrageous conduct claim with respect to damages.
Court and counsel agree that emotional damages are not recoverable under Colorado medical malpractice
law.
Court and Ms. Adams clarify that the claims by the parents are on the tort claim for outrageous
conduct and not on the medical malpractice.

April 3, 2013
12-cv-03351-RPM
Discussion regarding disputed issues.
Court states school records are not discoverable and questions concerning social media (topics
related to the case) can be asked during Ms. Gresham’s deposition.
Court further states parties may file motions to designate non parties at fault or to amend pleading
to add a party, if determined necessary during discovery, based on good cause.
ORDERED:

Deadline for Joinder of Parties and Amendment of pleadings shall remain May 13,
2013.

Court clarifies to counsel that treating physicians are not subject to expert report.
ORDERED:

Counsel are to file a revised proposed scheduling order.

11:33 a.m.

Court in recess.

Hearing concluded. Total time: 33 min.

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