Geiger et al v. Master United 12 LLC et al
Filing
133
SECOND TRIAL PREPARATION CONFERENCE ORDER: 10-Day Jury Trial set for 7/18/2016 at 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Combined Final Pretrial Conference and Trial Preparation Conference set for 6/24/2016 at 02:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 4/30/2015. (alowe)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-00240-REB-NYW
ZACH GEIGER,
ROBERT ABELARDO,
ADAM GOLDSTEIN, and
RYAN KING,
Plaintiffs,
v.
Z-ULTIMATE SELF DEFENSE STUDIOS, LLC, a California limited liability company,
PAUL TAYLOR, individually, and in his capacity as owner, partner, and corporate officer,
WILLIAM CLARK, individually and in his capacity as owner, partner, and corporate
officer,
KRIS ESZLINGER, individually, and in his capacity as owner, partner, and corporate
officer,
FRANK LEY, individually and in his capacity as owner, partner, and corporate officer,
HANS PROSCH, individually, and in his capacity as owner, partner, and corporate
officer,
MASTERS UNITED III LLC, dba Z-Ultimate Self Defense Studios, an Arizona limited
liability company,
MASTERS UNITED 11, LLC, an Arizona limited liability company d/b/a Z-Ultimate Self
Defense Studios,
KATA 7, LLC, an Arizona limited liability company b/a/a Z-Ultimate Self Defense Studios,
Z-ULTIMATE MARTIAL ARTS SUPPLIES LLC, a California limited liability company,
Z-ULTIMATE SPECIALIZED ACCOUNTING LLC, a California limited liability company,
Z-ULTIMATE UNIVERSITY OF MARTIAL ARTS PROFESSIONALS LLC, a California
limited liability company,
MASTERS UNITED I, LLC,d/b/a Z-Ultimate Self Defense Studios, a California limited
liability company,
MASTERS UNITED 12 LLC,
MASTERS UNITED 111 LLC, d/b/a Z-Ultimate Self Defense Studios, a California limited
liability company
MASTERS UNITED V LLC, d/b/a Z-Ultimate Self Defense Studios, a California limited
liability company
Z-ULTIMATE EVENTS LLC, a Colorado limited liability company,
A L MARTIAL ARTS, INC., d/b/a Z-Ultimate Self Defense Studios,a Colorado
corporation
WLC MANAGEMENT, INC., d/b/a Z-Ultimate Self Defense Studios, a Colorado
corporation
MASTERS UNITED VI LLC, d/b/a Z-Ultimate Self Defense Studios, a Colorado limited
liability company
MASTERS UNITED 8 LLC, d/b/a Z-Ultimate Self Defense Studios, a Colorado limited
liability company
MASTERS UNITED 15 LLC, d/b/a Z-Ultimate Self Defense Studios, a Colorado limited
liability company
UNITED PARTNERS - BROOMFIELD LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company
UNITED PARTNERS - CASTLE ROCK LLC,d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company
UNITED PARTNERS - CENTENNIAL LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - CHICAGO #2 d/b/a Z-Ultimate Self Defense Studios, a Colorado
limited liability company,
UNITED PARTNERS - CHICAGO #4 LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - COLORADO SPRINGS 1 LLC, d/b/a Z-Ultimate Self Defense
Studios, a Colorado limited liability company,
UNITED PARTNERS - COLORADO #1 LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - COLORADO #2 LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - COLORADO #3 LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - COLORADO #4, LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - DENVER LLC, d/b/a Z-Ultimate Self Defense Studios, a Colorado
limited liability company,
UNITED PARTNERS - DENVER SOUTH LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - FORT COLLINS LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - GLENVIEW LLC,d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - HIGHLANDS RANCH LLC, d/b/a Z-Ultimate Self Defense
Studios, a Colorado limited liability company,
UNITED PARTNERS - HIGHLANDS RANCH 2 LLC, d/b/a Z-Ultimate Self Defense
Studios,a Colorado limited liability company,
UNITED PARTNERS - KANSAS CITY #3 LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - KANSAS CITY 1 LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - KANSAS CITY #4 LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - KEN CARYLE LLC, d/b/a Z-Ultimate Self Defense Studios,
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a Colorado limited liability company,
UNITED PARTNERS - LAFAYETTE LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - LAKEWOOD LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - LEAWOOD LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - LITTLETON LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - LONGMONT LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - OLATHE LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - OVERLAND PARK NORTH LLC, d/b/a Z-Ultimate Self Defense
Studios, a Colorado limited liability company,
UNITED PARTNERS - OVERLAND PARK SOUTH LLC, d/b/a Z-Ultimate Self Defense
Studios, a Colorado limited liability company,
UNITED PARTNERS - PARKER LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - SKOKIE LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - SMOKEY HILL LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - THORNTON LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - WEST ARVADA LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - WESTMINSTER LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
UNITED PARTNERS - WHEAT RIDGE LLC, d/b/a Z-Ultimate Self Defense Studios,
a Colorado limited liability company,
Z-ULTIMATE COLORADO SPRINGS, a Colorado business,
Z-ULTIMATE DENVER, a Colorado business,
Z-ULTIMATE HIGHLANDS RANCH EAST, a Colorado business,
Z-ULTIMATE PARKER, a Colorado business,
Z-ULTIMATE SMOKEY HILLS, a Colorado business,
UNITED PARTNERS - LAYTON LLC, d/b/a Z-Ultimate Self Defense Studios, a Utah
limited liability company,
UNITED PARTNERS - SANDY LLC, d/b/a Z-Ultimate Self Defense Studios, a Utah
limited liability company,
UNITED PARTNERS - SOUTH JORDAN LLC, d/b/a Z-Ultimate Self Defense Studios,
a Utah limited liability company,
UNITED PARTNERS - SOUTH OGDEN, LLC, d/b/a Z-Ultimate Self Defense Studios,
a Utah limited liability company,
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UNITED PARTNERS - UTAH LLC, d/b/a Z-Ultimate Self Defense Studios, a Utah limited
liability company,
UNITED PARTNERS - WEST JORDAN LLC, d/b/a Z-Ultimate Self Defense Studios,
a Utah limited liability company,
UNITED PARTNERS - CHANDLER LLC, d/b/a Z-Ultimate Self Defense Studios, an
Arizona limited liability company,
UNITED PARTNERS - SCOTTSDALE LLC, d/b/a Z-Ultimate Self Defense Studios,
an Arizona limited liability company,
UNITED PARTNERS - GRAYHAWK LLC, d/b/a Z-Ultimate Self Defense Studios, an
Arizona limited liability company,
UNITED PARTNERS - SCOTTSDALE 2 LLC, d/b/a Z-Ultimate Self Defense Studios,an
Arizona limited liability company,
UNITED PARTNERS - TEMPE LLC, d/b/a Z-Ultimate Self Defense Studios, an Arizona
limited liability company,
UNITED PARTNERS - BALLARD LLC, d/b/a Z-Ultimate Self Defense Studios, a
Washington limited liability company,
UNITED PARTNERS - BELLEVUE LLC, d/b/a Z-Ultimate Self Defense Studios, a
Washington limited liability company,
UNITED PARTNERS - KENT LLC, d/b/a Z-Ultimate Self Defense Studios, a Washington
limited liability company,
UNITED PARTNERS - KIRKLAND LLC, d/b/a Z-Ultimate Self Defense Studios, a
Washington limited liability company,
UNITED PARTNERS - MERCER LLC, d/b/a Z-Ultimate Self Defense Studios, a
Washington limited liability company,
UNITED PARTNERS - MILL CREEK LLC, d/b/a Z-Ultimate Self Defense Studios, a
Washington limited liability company,
UNITED PARTNERS - REDMOND LLC, d/b/a Z-Ultimate Self Defense Studios, a
Washington limited liability company,
UNITED PARTNERS - AGOURA HILLS LLC d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - ANAHEIM HILLS LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - BRANFORD LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - CAMPUS LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - CARLSBAD LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - CARMEL MOUNTAIN LLC, d/b/a Z-Ultimate Self Defense
Studios, a California limited liability company,
UNITED PARTNERS - CHINO HILLS, LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - CLAIREMONT, LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
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UNITED PARTNERS - CORONA LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - CYPRESS LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - DANVILLE LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - DUBLIN LLC, d/b/a Z-Ultimate Self Defense Studios, a California
limited liability company,
UNITED PARTNERS - ENCINO LLC, d/b/a Z-Ultimate Self Defense Studios, a California
limited liability company,
UNITED PARTNERS - ESCONDIDO LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - FALLBROOK LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - HACIENDA HEIGHTS LLC, d/b/a Z-Ultimate Self Defense
Studios, a California limited liability company,
UNITED PARTNERS - LA CANADA LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - LA JOLLA LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - LA MIRADA LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - LAGUNA NIGUEL LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - LAKEWOOD LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - LAYTON LLC, d/b/a Z-Ultimate Self Defense Studios, a California
limited liability company,
UNITED PARTNERS - LONG BEACH LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - MARINA DEL REY LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - MIRA MESA LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - MURRIETA LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - NORWALK LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - ORANGE HILLS, LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - POINT LOMA LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - PORTOLA HILLS LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
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UNITED PARTNERS - POWAY LLC, d/b/a Z-Ultimate Self Defense Studios, a California
limited liability company,
UNITED PARTNERS - RANCHO CUCAMONGA LLC, d/b/a Z-Ultimate Self Defense
Studios, a California limited liability company,
UNITED PARTNERS - REDONDO BEACH LLC, d/b/a Z-Ultimate Self Defense Studios,
a California limited liability company,
UNITED PARTNERS - SAN MATEO LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - SOUTH OGDEN LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - STUDIO CITY LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - THOUSAND OAKS LLC, d/b/a Z-Ultimate Self Defense Studios,
a California limited liability company,
UNITED PARTNERS - TIERRASANTA LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - VALENCIA LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - VILLA PARK LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
UNITED PARTNERS - VISTA LLC, d/b/a Z-Ultimate Self Defense Studios, a California
limited liability company, and
UNITED PARTNERS - WESTWOOD LLC, d/b/a Z-Ultimate Self Defense Studios, a
California limited liability company,
Defendants.
_____________________________________________________________________
SECOND TRIAL PREPARATION CONFERENCE ORDER
_____________________________________________________________________
Blackburn, J.
Pursuant to Fed. R. Civ. P. 16(e), D.C.COLO.LCivR 16.3, and D.C.COLO.LCivR
43.1, the court enters this Trial Preparation Conference Order.
IT IS ORDERED as follows:
1. That trial by jury shall commence July 18, 2016, at 8:30 a.m., in courtroom
A1001, located on the 10th Floor North, of the Alfred A. Arraj, United States Courthouse
Annex,901 19th Street, Denver, Colorado 80294, at which all parties shall appear in
person without further notice, order, or subpoena;
2. That the court reserves ten (10) days for trial:
•
Monday, July 18, 2016, through Thursday, July 21, 2016,
•
Monday, July 25, 2016, through Thursday, July 28, 2016, and
•
Monday, August 1, through Tuesday, August 2, 2016;
3. That counsel and any pro se party shall appear in courtroom A1001 on the first
day of trial at 8:00 a.m., to review and discuss with the courtroom deputy clerk and the
court, if necessary, any final details, arrangements, or requirements concerning the trial;
4. That a combined Final Pretrial Conference and Trial Preparation Conference
(conference) shall commence on June 24, 2016, at 2:30 p.m., in courtroom A1001;
5. That lead counsel and any pro se party shall attend the conference;
6. That for use and consideration during the conference, the parties shall prepare
and submit a proposed Final Pretrial Order in the time, manner, and form prescribed by
D.C.COLO.LCivR 16.3 and the “Instructions Final Pretrial Order” in the Local Rules of
Practice - Forms1; except that the proposed final pretrial order under section
“6.EXHIBITS” shall not require the parties to list the exhibits to be offered by each party
as otherwise required under subsection “a” (See instead, paragraph 8, infra.), and shall
provide under subsection “b” that copies of exhibits must be provided to opposing
counsel or any pro se party no later than 45 days before trial and that objections to the
exhibits must be served by personal delivery, electronic mail, or facsimile no later than
30 days before trial;
7. That at the outset of the conference, the parties shall submit one Parties’ Joint
Exhibit List on the form required by the court (an original for the court with copies for the
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Available at http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/Forms.aspx
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courtroom deputy clerk, the court reporter, and all other parties) and in addition to the
information required to be submitted under section “6.WITNESSES” of the final pretrial
order, each party shall submit on the Witness List form required by the court (an original
for the court with copies for the courtroom deputy clerk and all other parties) a “will call”
witness list enumerating the name and address (city or county and state only) of each
witness that will be called and a “may call” witness list enumerating the name and
address (city or county and state only) of each witness that may be called; provided,
furthermore, that the “will call” witness list constitutes a representation on which the court
and every other party may rely that the witnesses listed will be present and available to
testify during trial;
8. That pursuant to REB Civ. Practice Standard III.A.4.b., immediately before
commencement of trial, the parties shall submit to the courtroom deputy clerk the
exhibits identified in their joint exhibit list (a set of original exhibits for use by the
witnesses and copies for the court, the courtroom deputy clerk, opposing counsel (one
set per party), and any pro se party);
9. That at the conference the parties shall be prepared to review and discuss,
inter alia, the following:
a. the proposed Final Pretrial Order;
b. stipulated and proposed jury instructions and verdict forms;
c. voir dire questions;
d. the jury selection process and the use of juror questionnaires;
e. identification of all persons permitted to be seated at each party’s table;
f. the pronunciation of problematic party’s and witness’ names;
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g. the names or monikers that may be used when referring to a party or a
witness;
h. identification of “will call” and “may call” witnesses;
i. use of deposition testimony:
1. designation of specific testimony by page and line; and
2. identification of the person selected to read deposition answers;
j. use of video depositions:
1. resolution of objections;
2. pretrial redaction, if necessary; and
3. arrangements for necessary equipment to broadcast the
deposition;
k. issues concerning witnesses and exhibits;
l. the allocation of trial time between the parties;
m. the admission of stipulated exhibits or exhibits about which there are no
objections;
n. timing of publication, if any, of trial exhibits to the jury;
o. anticipated evidentiary issues;
p. the necessity for cautionary or limiting instructions;
q. requests or requirement for trial briefs;
r. exemptions from the order of sequestration of witnesses;
s. security precautions, requirements, or issues;
t. training on the use of courtroom technology; and
u. transporting and bringing equipment, models, props, or other property
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into the courthouse and courtroom for use during trial;2 and
v. courtroom etiquette and protocol;
10. That unless ordered otherwise, each side shall be permitted voir dire
examination not to exceed 15 minutes following voir dire examination by the court, but
shall not reiterate questions previously propounded by the court or another party;
11. That unless ordered otherwise, the jurors shall not be sequestered before
deliberations;
12. That trial witnesses subject to sequestration under Fed. R. Evid. 615 shall be
sequestered by order entered sua sponte immediately before opening statements;
13. That unless ordered otherwise, opening statements shall be limited to thirty
(30) minutes per party;
14. That the court will not engage in the examination of any witness, except to
eschew plain error;
15. That objections made in the presence or hearing of the jury, i.e., so-called
“speaking” objections, shall be stated as succinctly as practicable and supported by
recitation of apposite authority when possible; however, neither counsel nor a pro se
party shall speechify an objection in the presence or hearing of the jury [Review Fed. R.
Evid. 103(d) and 104(c)];
16. That unless interrupted by the court, in marshaling motions or objections
2
The court has audio, video, audio-visual, evidentiary presentation, and other special equipment
that may be used by the parties. A listing of available equipment can be found on the District Court’s
website at http://www.cod.uscourts.gov/AttorneyInformation/GeneralAttorneyInformation.aspx under
Courtroom Technology Manual for Attorneys.” Arrangements for training on courtroom technology must
be made with the courtroom deputy clerk, Kathleen Finney, at (303)335-2099, at least 14 days before
trial. Notify the courtroom deputy clerk no later than fourteen (14) days before the date and time you
need such equipment or need your own equipment to be brought through security for use in the
courtroom.
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during trial, the following sequential protocol shall be observed: objection, response,
reply, ruling;
17. That to eliminate or minimize bench or sidebar conferences, each party shall
be responsible to inform the courtroom deputy clerk at the conclusion of a trial day about
any issue which should be considered before commencing trial on the next scheduled
day of trial and at the outset of a trial day about any issue which should be considered at
the conclusion of that trial day;
18. That to facilitate preparation, marshaling, and consideration of proposed jury
instructions and verdict forms consistent with REB Civ. Practice Standard V.C.4., the
plaintiff shall identify and enumerate each individual jury instruction in the heading or title
as INSTRUCTION NO. P-1, P-2, P-3, etc., and the defendant shall identify and
enumerate each individual jury instruction in the heading or title as INSTRUCTION NO.
D-1, D-2, D-3, etc. [Note: for multiple defendants, each defendant shall identify and
enumerate each individual jury instruction in the heading or title as INSTRUCTION
NO.[insert defendant’s name or abbreviated name]-1,[insert defendant’s name or
abbreviated name]-2,[insert defendant’s name or abbreviated name]-3, etc.]; provided,
furthermore, the parties shall similarly identify and enumerate all proposed verdict forms
and special interrogatories;
19. That unless ordered otherwise, closing argument shall be limited to forty-five
(45) minutes total for each party;
20. That not later than five (5) business days before commencement of trial,
counsel and any pro se party shall file and provide the court, the court reporter, the
courtroom deputy clerk, opposing counsel, and any pro se party with a glossary of any
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difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms and/or
phrases;
21. That for additional information about courtroom protocol, courtroom
technology and training, trial preparation, transportation of items into the courthouse and
courtroom, or submission of trial exhibits, the courtroom deputy clerk, Kathleen Finney,
at (303)335-2099, should be contacted; and
22. That this order supplants and supersedes the Trial Preparation Conference
Order [#38] entered July 9, 2014.
Dated April 30, 2015, at Denver, Colorado.
BY THE COURT:
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