Jordan v. Midland Credit Management, Inc.

Filing 60

MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Trial Preparation Conference held on 10/9/2015. Granting in part and denying in part 41 Motion in Limine. Granting in part and deferring ruling on in part 42 Motion in Limine. Granting 47 Motion in Limine. Granting 48 Motion in Limine. ORDERED: Counsel shall file revised jury instructions, with maximum stipulation, and legal authority as to disputed jury instructions not later than Monday, October 19, 2015. ORDERED: Counsel shall file revised exhibit lists not later than Monday, October 19, 2015. ORDERED: Counsel shall meet and confer regarding Plaintiffs claim under 1692(f) and file an applicable jury instruction not later than Tuesday, October 13, 2015. Court Reporter: Therese Lindblom. (rkeec)

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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 Therese Lindblom Date: October 9, 2015 Civil Action No: 13-cv-02564-WYD-MJW Counsel: SERENA JORDAN, David M. Larson Plaintiff, v. MIDLAND CREDIT MANAGEMENT, INC., Joseph J. Lico Defendant. COURTROOM MINUTES TRIAL PREPARATION CONFERENCE 2:10 p.m. Court in Session APPEARANCES OF COUNSEL. Court’s opening remarks. Plaintiff's Motion in Limine as to Plaintiff's Attorney's Fees and Costs and Motive of Plaintiff and/or Her Attorney [ECF Doc. No. 47], filed April 25, 2015, and Plaintiff's Motion in Limine as to Plaintiff's Other Debts and Any Other Court Cases or Litigation That Involved the Plaintiff [ECF Doc. No. 48], filed April 25, 2015, are raised for argument. 2:12 p.m. Argument by Defendant (Mr. Lico). ORDERED: Plaintiff’s Motion in Limine as to Plaintiff’s Attorney’s Fees and Costs and Motive of Plaintiff and/or Her Attorney [ECF Doc. No. 47], filed April 25, 2015, is GRANTED. -1- ORDERED: Plaintiff’s Motion in Limine as to Plaintiff’s Other Debts and Any Other Court Cases or Litigation That Involved the Plaintiff [ECF Doc. No. 48], filed April 25, 2015, is GRANTED. Defendant's Motion in Limine to Exclude Reference to Damages Being Minimal [ECF Doc. No. 41], filed April 6, 2015, and Defendant's Motion in Limine to Exclude Reference to Unrelated Lawsuits, Complaints or Claims and Reference to Any Insurance Policy [ECF Doc. No. 42], filed April 6, 2015, are raised for argument. 2:13 p.m. Argument by Plaintiff (Mr. Larson). 2:14 p.m. Argument by Defendant (Mr. Lico). 2:18 p.m. Argument by Plaintiff (Mr. Larson). 2:19 p.m. Argument by Defendant (Mr. Lico). ORDERED: Defendant’s Motion in Limine to Exclude Reference to Unrelated Lawsuits, Complaints or Claims and Reference to Any Insurance Policy [ECF Doc. No. 42], filed April 6, 2015, is GRANTED IN PART and DEFERRED IN PART. ORDERED: There shall be no mention or reference to any insurance policy at any time. There shall be no mention of unrelated lawsuits, complaints, or claims in opening statements. ORDERED: Defendant’s Motion in Limine to Exclude Reference to Damages Being Minimal [ECF Doc. No. 41], filed April 6, 2015, is GRANTED IN PART and DENIED IN PART. The motion is GRANTED to the extent it seeks to preclude a characterization of the amount sought and DENIED to the extent it that it seeks to preclude mention of the award sought as the maximum amount allowed. 2:21 p.m. Discussion regarding jury instructions submitted by counsel. ORDERED: Counsel shall file revised jury instructions, with maximum stipulation, and legal authority as to disputed jury instructions not later than Monday, October 19, 2015. 2:29 p.m. Discussion regarding exhibit lists. ORDERED: Counsel shall file revised exhibit lists not later than Monday, October 19, 2015. 2:34 p.m. Discussion regarding trial schedule, process for jury selection, and use of courtroom technology. -2- ORDERED: Counsel will be allowed supplemental voir dire not to exceed fifteen (15) minutes per side. 2:38 p.m. Discussion regarding time limits regarding opening statements. ORDERED: Opening statements shall not exceed fifteen (15) minutes per side. 2:39 p.m. Discussion regarding Plaintiff’s claim under § 1692(f). ORDERED: Counsel shall meet and confer regarding Plaintiff’s claim under 1692(f) and file an applicable jury instruction not later than Tuesday, October 13, 2015. 2:42 p.m. Court in Recess - HEARING CONCLUDED. TOTAL TIME: :32 -3-

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