Hach Company v. In-Situ, Inc.
Filing
196
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 7/20/2015. Denying without prejudice 170 Motion to Exclude. Denying without prejudice 171 Motion to Exclude. Granting in part a nd denying in part 172 Motion to Exclude. Denying without prejudice 173 Motion in Limine. Granting 174 Motion in Limine. Granting in part and denying in part 175 Motion in Limine. Granting 180 Motion to Compel. ORDERED: In-Situ is REQUIRED to produce all relevant requested documents of the caps and Aqua Troll 400 to Hach by July 23, 2015 at 5:00 p.m. ORDERED: Mr. Godfrey needs to determine if he is bringing the counter claims under the patent statute or common law theory. If he is bringing them in under common law theory, he must cite the common law cases that would support his assessment that the jury decides those questions. Mr. Godfrey must file something with the court by July 21, 2015 at 12:00 p.m. in regards to the counter claims. FTR: Courtroom A-402. (amont, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 13‐cv‐02201‐CBS
Date: July 20, 2015
Courtroom Deputy: Amanda Montoya
FTR – Reporter Deck‐Courtroom A402
Parties:
Counsel:
HACH COMPANY,
Ephraim Starr (by phone)
Matthew Morr
Rachel Mentz
Andrew Petrie
Plaintiff,
v.
IN-SITU, INC.,
Brett Godfrey (by phone)
Rachel Bove
Defendant.
COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in session: 02:34 p.m.
Court calls case. Appearances of counsel.
Discussion regarding all pending motions.
ORDERED: In‐Situ’, Inc.’s MOTION [170] to Limit the Testimony and Opinions of Dr. Russell
Martin Young Pursuant to Fed.R.Evid. 702 and 403 is DENIED without prejudice.
Counsel has the right to renew this motion with specific concerns at trial.
In‐Situ, Inc.’s MOTION [171] to Strike the Testimony and Opinions of David Rick,
Pursuant to Fed.R.Evid. 702 and 403 is DENIED without prejudice. Counsel has
the right to renew this motion with specific concerns at trial.
MOTION [174] in Limine to Bar In‐Situ from Asserting Facts, Arguing Inferences
and Using Documents at Trial That It Failed to Disclose During Discovery is
GRANTED.
MOTION [175] in Limine to Bar Opinion Testimony for Which In‐Situ Has Not
Properly Disclosed Either the Factual Bases or the Opinions is GRANTED in part
and DENIED in part. In‐Situ is REQUIRED to provide to Hach by July 23, 2015 at
5:00 p.m., a complete statement of all opinions their non‐retained experts will
express, the basis of those opinions, and the facts and/or data considered by the
non‐retained expert in forming those opinions.
In‐Situ, Inc.’s MOTION [172] to Strike the Testimony and Opinions of William C.
Carey, C.P.A., Pursuant to Fed.R.Evid. 702 is GRANTED in part and DENIED in
part. Mr. Carey may not testify about disgorgement.
MOTION [173] in Limine to Bar In‐Situ from Raising at Trial Any Allegation of
Claimed Damages Other Than Its Attorneys’ Fees and Costs Incurred is DENIED
without prejudice.
Hach’s Rule 37(a) MOTION [180] to Compel In‐Situ’s Compliance With Order and
to Produce Documents is GRANTED. In‐Situ is REQUIRED to produce all relevant
requested documents of the caps and Aqua Troll 400 to Hach by July 23, 2015 at
5:00 p.m.
Discussion regarding fees and costs.
ORDERED: Mr. Godfrey needs to determine if he is bringing the counter claims under the
patent statute or common law theory. If he is bringing them in under common
law theory, he must cite the common law cases that would support his
assessment that the jury decides those questions. Mr. Godfrey must file
something with the court by July 21, 2015 at 12:00 p.m. in regards to the
counter claims.
HEARING CONCLUDED.
Court in recess: 05:35 p.m.
Total time in court: 03:01
To order transcripts of hearings please contact Avery Woods Reporting at (303) 825-6119.
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