Porter v. American Family Mutual Insurance Company

Filing 71

COURTROOM MINUTES for Motion Hearing held on 6/4/2015 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Plaintiff's Motion to Strike Defendant's Supplemental Expert Disclosure and Surrebuttal Report of Giometti and Prohibit Testimony 52 is GRANTED. Plaintiff's Motion to Strike Defendant's Second Supplemental Expert Disclosure and Surrebuttal Report of Taylor/Jacobson and Prohibit Testimony 54 is GRANTED. Plaintiff's Amended Motion to Amend Final Pretrial Order; Motion to Amend Exhibit List and Witness List of Plaintiff [Docket #49] 63 is GRANTED IN PART. FTR: KMT C201. (sgrim)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No: Courtroom Deputy: 13-cv-03446-WYD-KMT Sabrina Grimm Date: June 4, 2015 FTR: Courtroom C-201 Parties: Counsel: DANIEL L. PORTER, Sander Karp James Fosnaught Plaintiff, v. AMERICAN FAMILY INSURANCE COMPANY, a Wisconsin corporation, Debra Sutton Ashley Larson Defendant. COURTROOM MINUTES MOTION HEARING 1:38 p.m. Court in session. Court calls case. Appearances of counsel. Discussion and argument regarding timeliness of supplemental expert reports and whether they are proper or prejudicial. ORDERED: Plaintiff’s Motion to Strike Defendant’s Supplemental Expert Disclosure and Surrebuttal Report of Giometti and Prohibit Testimony [52] is GRANTED. Mr. Giometti’s supplemental report is STRICKEN and may not be used for any purposes at trial. Mr. Giometti will not be allowed to render testimony at trial about new material in the supplemental report. ORDERED: Plaintiff’s Motion to Strike Defendant’s Second Supplemental Expert Disclosure and Surrebuttal Report of Taylor/Jacobson and Prohibit Testimony [54] is GRANTED. The supplemental reports are STRICKEN and many not be used for any purposes at trial. 3:19 p.m. 3:41 p.m. Court in recess. Court in session. Discussion and argument regarding adding witnesses and exhibits to the Final Pretrial Order. ORDERED: Plaintiff’s Amended Motion to Amend Final Pretrial Order; Motion to Amend Exhibit List and Witness List of Plaintiff [Docket #49] [63] is GRANTED IN PART. The motion is granted as to exhibits 64, 65, 67 through 71, as discussed. Those exhibits shall be considered added to and a part of the Final Pretrial Order [Doc. No. 49]. The requests to add Exhibits 66, 72, 73, 74 and witness Jim Lord to the Final Pretrial Order are WITHDRAWN by Plaintiff. 3:54 p.m. Court in recess. Hearing concluded. Total in-court time 01:54 *To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119. 2

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