Porter v. American Family Mutual Insurance Company

Filing 154

MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Jury Trial (Day 4) held on 2/11/2016. Denying as moot 77 Motion in Limine. Denying as moot 78 Motion in Limine. Court Reporter: Mary George. (Attachments: # 1 Plaintiff's Proposed Jury Instruction 6 - REFUSED., # 2 Defendant's Jury Instruction E - REFUSED., # 3 Defendant's Jury Instruction I - REFUSED) (rkeec) Modified on 2/12/2016 to include "Day 4" (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 Mary George Date: February 11, 2016 Civil Action No: 13-cv-03446-WYD-KMT Counsel: DANIEL L. PORTER, Sander N. Karp James F. Fosnaught Gregory S. Russi Plaintiff, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Debra K. Sutton Ashley R. Larson Defendant. COURTROOM MINUTES TRIAL TO JURY (DAY 4) 9:42 a.m. Court in Session - Jury enters 9:45 a.m. Defendant’s witness Cynthia Campman sworn. Direct examination by Defendant (Ms. Sutton). EX ID: A-1, A-3, A-4, A-34, 32, A-10, A-11, A-12, A-13, A-14, A-15, A16, 41, 61 Exhibit(s) A-1, 32, A-10, A-11, A-12, A-13, A-14, A-15 RECEIVED. 10:33 a.m. Jury excused Discussion regarding objection by Plaintiff to redactions to Plaintiff’s exhibit 61 OVERRULED. -1- ORDERED: Counsel shall provide redacted paper and electronic copies of Plaintiff’s exhibit 61. ORDERED: Plaintiff's Motion to Exclude Certain Testimony of Defense Expert Jacobson/Taylor, in the Alternative, Motion in Limine [ECF Doc. No. 78], filed August 11, 2015, is DENIED AS MOOT. 10:41 a.m. Court in Recess 11:00 a.m. Court in Session - Jury enters 11:02 a.m. Defendant’s witness Cynthia Campman resumes. Direct examination by Defendant continues (Ms. Sutton). EX ID: A-1, A-24 Exhibit(s) 61 RECEIVED. 11:08 a.m. Bench conference regarding objection by Plaintiff to exhibit A-24 - OVERRULED. 11:10 a.m. Direct examination by Defendant continues (Ms. Sutton). EX ID: A-24, 61 Exhibit(s) A-24 RECEIVED. 11:28 a.m. Cross examination by Plaintiff (Mr. Fosnaught). EX ID: A-1 11:29 a.m. Jury excused Discussion regarding objection by Defendant to exhibit A-1 - SUSTAINED. ORDERED: Page 13 of exhibit A-1 shall be redacted to remove reference to policy limits. 11:38 a.m. Jury enters Cross examination by Plaintiff continues (Mr. Fosnaught). EX ID: A-1, A-23, A-34, 61, 28, A-23 Exhibit(s) A-23 RECEIVED. 12:04 p.m. Re-Direct examination by Defendant (Ms. Sutton). EX ID: A-23 -2- 12:08 p.m. Re-Cross examination by Plaintiff (Mr. Fosnaught). 12:11 p.m. Court in Recess 12:25 p.m. Court in Session 12:27 p.m. Defendant’s witness Kyle John Jacobson sworn. Direct examination by Defendant (Ms. Sutton). Witness tendered and accepted as an expert. 1:05 p.m. Court in Recess 2:32 p.m. Court in Session - Jury enters Defendant’s witness Kyle John Jacobson resumes. 2:33 p.m. Cross examination by Plaintiff (Mr. Karp). EX ID: 55, 61, 43, 44, 34 3:20 p.m. Re-Direct examination by Defendant (Ms. Sutton). 3:24 p.m. Re-Cross examination by Plaintiff (Mr. Sander). 3:28 p.m. Plaintiff’s witness Gregory R. Giometti sworn. Direct examination by Defendant (Ms. Sutton). 4:00 p.m. Court in Recess 4:29 p.m. Court in Session - Jury enters 4:31 p.m. Cross examination by Plaintiff (Mr. Fosnaught). EX ID: 43, A-34, deposition of Gregory Giometti (9/23/14) for purposes of impeachment 4:50 p.m. Jury excused Discussion regarding objection by Defendant - SUSTAINED. 4:53 p.m. Jury enters -3- 4:53 p.m. Cross examination by Plaintiff (Mr. Fosnaught). 4:58 p.m. Defendant rests. Court’s remarks regarding schedule for tomorrow. 5:01 p.m. Jury excused until Friday, February 12, 2016, at 9:00 a.m. JURY INSTRUCTION CONFERENCE Court's rulings on dispute jury instructions are: #15 #16 #18 #19 #22 #26 #27 #33 OBJECTION BY PLAINTIFF - COURT WILL MODIFY IN PART AND DEFER IN PART. NO OBJECTION. OBJECTION BY PLAINTIFF and DEFENDANT - OVERRULED. OBJECTION BY PLAINTIFF - COURT WILL MODIFY. NO OBJECTION. OBJECTION BY DEFENDANT - OVERRULED. OBJECTION BY PLAINTIFF - OVERRULED. OBJECTION BY PLAINTIFF and DEFENDANT - COURT WILL REMOVE. NO OBJECTION. OBJECTION BY PLAINTIFF - COURT WILL REMOVE. NO OBJECTION. OBJECTION BY PLAINTIFF and DEFENDANT - COURT WILL MODIFY. NO OBJECTION. Plaintiff’s Proposed Instruction No. 6 - REFUSED. Defendant’s Disputed Instruction E - REFUSED. Defendant's Disputed Instruction J - REFUSED. Verdict Form OBJECTION BY PLAINTIFF and DEFENDANT - COURT WILL MODIFY IN PART and DEFERRED IN PART. Defendant’s oral Rule 50 motion on Plaintiff’s common law bad faith claim. 6:11 a.m. Argument by Defendant (Ms. Larson). 6:12 p.m. Argument by Plaintiff (Mr. Fosnaught). ORDERED: Defendant's oral Rule 50 motion on Plaintiff's common law bad faith claim is DENIED. Plaintiff’s oral Rule 50 motion as to affirmative defense of failure to cooperate. 6:14 p.m. Argument by Plaintiff (Mr. Fosnaught). -4- 6:15 a.m. Argument by Defendant (Ms. Larson). ORDERED: Plaintiff's oral Rule 50 motion as to affirmative defense of failure to cooperate is DENIED. ORDERED: Plaintiff's Motion to Strike Testimony of Defense Expert Giometti Or, in the Alternative, Motion in Limine [ECF Doc. No. 77], filed August 7, 2015, is DENIED AS MOOT. 6:19 p.m. Court in Recess - TRIAL CONTINUED. TOTAL TIME: 6:08 -5-

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