Dillon v. Auto-Owners Insurance Company

Filing 68

COURTROOM MINUTES for Evidentiary Hearing held before Judge Lewis T. Babcock on 10/1/2015. Witnesses shall be sequestered. Court concludes that at this point under Rule 702 and Daubert, Dr. Bain's testimony is not relevant and he is excused. Tak ing under advisement 52 Defendant's Motion to Exclude Certain Opinion Testimony of Janet N. Lemmon, Ph.D. A written opinion will be entered. Defendant's reply to its Motion 62 is due on or before 10/7/2015. Court will invite simultane ous supplemental briefing on Dr. Keatley and Dr. Hutchins, due two weeks from the date of the Court's order on 52 . Court Reporter: Janet Coppock. (Attachments: # 1 Plaintiff Witness List, # 2 Plaintiff Exhibit List, # 3 Defendant Witness List, # 4 Defendant Exhibit List) (ebuch)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE LEWIS T. BABCOCK
_____________________________________________________________________
Courtroom Deputy: Emily Buchanan
Date: October 1, 2015
Court Reporter:
Janet Coppock
_____________________________________________________________________
Civil Case No. 14-cv-00246-LTB-MJW

Counsel:

ROBIN DILLON,

Neil Piller

Plaintiff,
v.
AUTO-OWNERS INSURANCE COMPANY,

Gregory Giometti

Defendant.
_____________________________________________________________________
COURTROOM MINUTES
_____________________________________________________________________
EVIDENTIARY HEARING (Continued from September 30, 2015)
9:01 a.m.

Court in session.

ORDERED: Witnesses shall be sequestered.
Defendant’s witness, Hal Wortzel, sworn.
9:02 a.m.

Direct examination of Dr. Wortzel by Mr. Giometti.

Defendant’s Exhibits received for the purpose of this hearing only: V and F.
9:37 a.m.

Cross examination of Dr. Wortzel by Mr. Piller.

9:58 a.m.

Redirect examination of Dr. Wortzel by Mr. Giometti.

Defendant’s Exhibit received for the purpose of this hearing only: T.
10:07 a.m.

Court in recess.
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10:22 a.m.

Court in session.

Defendant’s witness, Charles Bain, sworn.
10:23 a.m.

Direct examination of Dr. Bain by Mr. Giometti.

Defendant’s Exhibits received for the purpose of this hearing only: W and X.
ORDERED: Court concludes that at this point under Rule 702 and Daubert, Dr. Bain’s
testimony is not relevant and he is excused.
Defendant’s Exhibit received for the purpose of this hearing only: E.
Defendant’s witness, Stephen Kalat, sworn.
10:47 a.m.

Direct examination of Dr. Kalat by Mr. Giometti.

Defendant’s Exhibits received for the purpose of this hearing only: Y, Z, and D.
11:20 a.m.

Cross examination of Dr. Kalat by Mr. Piller.

11:30 a.m.
12:30 p.m.

Court in recess.
Court in session.

12:31 p.m.

Continued cross examination of Dr. Kalat by Mr. Piller.

1:27 p.m.

Redirect examination of Dr. Kalat by Mr. Giometti.

1:37 p.m.

Recross examination of Dr. Kalat by Mr. Piller.

ORDERED: Defendant’s Motion to Exclude Certain Opinion Testimony of Janet N.
Lemmon, Ph.D, Pursuant to FRE 702 and FRE 403 (Doc. No. 52) is
TAKEN UNDER ADVISEMENT. A written opinion will be entered.
ORDERED: Defendant’s reply to its Motion to Exclude Certain Opinion Testimony of
Mary Ann Keatley, Ph.D. and Dr. Rebecca Hutchins (Doc. No. 62) is due
on or before October 7, 2015. Court will invite simultaneous
supplemental briefing on Dr. Keatley and Dr. Hutchins, due two weeks
from the date of the Court’s order on Defendant’s Motion to Exclude
Certain Opinion Testimony of Janet N. Lemmon, Ph.D, Pursuant to FRE
702 and FRE 403 (Doc. No. 52).
1:42 p.m.
Court in recess.
Hearing concluded.
Time: 3:26
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