Dillon v. Auto-Owners Insurance Company

Filing 59

COURTROOM MINUTES for Trial Preparation Conference held before Judge Lewis T. Babcock on 8/28/2015. Plaintiff's counsel shall amend his exhibit list by using the proper form and shall also amend his witness list to indicate estimates of time. Granting 56 Stipulated Motion to Modify Pre-trial Order. Plaintiff shall respond to Defendant's Motion to Exclude 52 on or before 9/10/2015. Defendant shall reply on or before 9/24/2015. Two day Evidentiary Hearing set for 9/30/2015 and 10/1/2015 09:00 AM in Courtroom C401 before Judge Lewis T. Babcock. The ten day jury trial set for 9/21/2015 is vacated. Court Reporter: Terri Lindblom. (ebuch)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: Emily Buchanan Date: August 28, 2015 Court Reporter: Terri Lindblom _____________________________________________________________________ Civil Case No. 14-cv-00246-LTB-MJW Counsel: ROBIN DILLON, Neil Piller Plaintiff, v. AUTO-OWNERS INSURANCE COMPANY, John Mereness Gregory Giometti Defendant. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ HEARING - TRIAL PREPARATION CONFERENCE 9:00 a.m. Court in Session. Discussion regarding Plaintiff’s List of Witnesses and Exhibits for Trial Preparation Conference, Defendant’s witness and exhibit lists, the lack of stipulations in this case, Defendant’s Motion to Exclude Certain Opinion Testimony of Janet N. Lemmon, Ph.D, Pursuant to FRE 702 and FRE 403, liability and damages, the Court’s summary judgment order, and the possibility of settlement. ORDERED: Plaintiff’s counsel shall amend his exhibit list by using the proper form and shall also amend his witness list to indicate estimates of time. ORDERED: Stipulated Motion to Modify Pre-trial Order (Doc. No. 56) is GRANTED. ORDERED: Plaintiff shall respond to Defendant’s Motion to Exclude Certain Opinion Testimony of Janet N. Lemmon, Ph.D, Pursuant to FRE 702 and FRE 403 (Doc. No. 52) on or before September 10, 2015. Defendant shall reply to its motion on or before September 24, 2015. A two day Evidentiary 1 Hearing on the motion is set for September 30, 2015 and October 1, 2015 at 9:00 a.m. ORDERED: The ten day jury trial set for September 21, 2015 is VACATED. ORDERED: Once the 702 motion is resolved, counsel shall file updated witness lists; updated exhibit lists, showing stipulations regarding admissibility and authenticity, and if there is an objection, the rule of exclusion; one set of annotated proposed jury instructions, including a statement of the case instruction, liability instructions, and damages instructions; and a proposed verdict form. If Plaintiff proposes language Defendant objects to, Plaintiff shall submit the language in capital letters. If Defendant proposes language Plaintiff objects to, Defendant shall submit the language in brackets. 9:26 a.m. Court in Recess. Hearing concluded. Time: 00:26 2

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