Cohen v. Public Service Company of Colorado d/b/a Xcel Energy

Filing 281

MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Trial Preparation Conference and Motion Hearing held on 4/12/2016. Denying 257 Motion in Limine. Deferring ruling on 258 Motion in Limine. Counsel shall file revised jury instr uctions and objections, with a basis for the objections, not later than Wednesday, April 20, 2016. Counsel shall file revised witness lists not later than Wednesday, April 20, 2016. Counsel shall file revised exhibit lists not later than Wednesday, April 20, 2016. Plaintiff shall file notice of withdrawal of age discrimination claim not later than Wednesday, April 20, 2016. Court Reporter: Mary George. (rkeec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
SENIOR JUDGE WILEY Y. DANIEL

Courtroom Deputy:
E.C.R./Reporter:

Robert R. Keech
Mary George

Date: April 12, 2016

Civil Action No: 13-cv-00578-WYD-NYW

Counsel:

STACEY COHEN,

Barry D. Roseman

Plaintiff,
v.
PUBLIC SERVICE COMPANY OF
COLORADO d/b/a Xcel Energy,

Beth A. Doherty Quinn
Meghan W. Martinez
Elizabeth Imhoff Mabey

Defendant.

COURTROOM MINUTES

TRIAL PREPARATION CONFERENCE and MOTION HEARING
10:03 a.m.

Court in Session
APPEARANCES OF COUNSEL.
Court’s opening remarks.

10:06 a.m.

Discussion regarding jury instructions and verdict form.

ORDERED:

Counsel shall meet and confer Tuesday, April 12, 2016, at 2:00 p.m. to resolve
issues regarding jury instructions.

ORDERED:

Counsel shall file revised jury instructions and objections, with a basis for the
objections, not later than Wednesday, April 20, 2016.

10:18 a.m.

Discussion regarding witness lists and areas to be covered with witnesses.

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ORDERED:

Counsel shall file revised witness lists not later than Wednesday, April 20, 2016.

10:25 a.m.

Discussion regarding exhibit lists.

ORDERED:

Counsel shall file revised exhibit lists not later than Wednesday, April 20, 2016.

10:27 a.m.

Court in Recess

10:47 a.m.

Court in Session
Court’s remarks regarding motions in limine.
Plaintiff’s Motion in Limine to Admit Plaintiff’s EEOC Charges into Evidence [ECF
Doc. No. 257], filed March 18, 2016, is raised for argument.

10:52 a.m.

Argument by Plaintiff by Mr. Roseman.

11:00 a.m.

Argument by Defendant by Ms. Mabey.

ORDERED:

Plaintiff’s Motion in Limine to Admit Plaintiff’s EEOC Charges into Evidence [ECF
Doc. No. 257], filed March 18, 2016, is DENIED.

ORDERED:

EEOC Charges shall not be brought out in testimony in a way that undermines
the Court’s ruling.
Defendant's Motion in Limine to Preclude Five of Plaintiff's Trial Witnesses [ECF
Doc. No. 258], filed March 18, 2016, is raised for argument.

11:07 a.m.

Argument by Plaintiff by Mr. Roseman.

11:07 a.m.

Argument by Defendant by Ms. Mabey.

ORDERED:

Defendant’s Motion in Limine to Preclude Five of Plaintiff’s Trial Witnesses [ECF
Doc. No. 258], filed March 18, 2016, is DEFERRED.

ORDERED:

Pamela Ragoschke shall not be mentioned in opening statements.

11:11 a.m.

Discussion regarding schedule of witnesses and the duration of their testimony.

11:14 a.m.

Discussion regarding time limits for opening statements.

ORDERED:

Opening statements shall not exceed thirty (30) minutes per side.

11:17 a.m.

Discussion regarding back pay, punitive damages, and actual damages.
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11:25 a.m.

Discussion regarding withdrawal of age discrimination claims.

ORDERED:

Plaintiff shall file notice of withdrawal of age discrimination claim not later than
Wednesday, April 20, 2016.

11:27 a.m.

Discussion regarding Plaintiff’s renewed application for commercial driver’s
license and obtaining records from the State of Colorado Department of Motor
Vehicles.

ORDERED:

Plaintiff shall provide Defendant with application for commercial driver’s license
not later than Wednesday, April 20, 2016.

11:30 a.m.

Court in Recess - HEARING CONCLUDED.

TOTAL TIME: 1:07

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