Free Order Setting Hearing on Motion - District Court of Colorado - Colorado

Case 1:01-cv-02089-MSK-CBS

Document 213

Filed 02/22/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 01-cv-02089-MSK-CBS DEAN A. BRAMLET, M.D., Plaintiff, v. ASPEN VALLEY HOSPITAL DISTRICT, Defendant.

ORDER SETTING FED. R. EVID. 702 HEARING

THIS MATTER comes before the Court on the parties'Joint Motion Under Fed. R. Evid. 702 and Motion for Leave for the Experts to Testify Telephonically (#209). Having considered the same, the Court FINDS that: The parties request an evidentiary hearing for the purpose of determining the admissibility of three opinions from defense expert Dr. Diane DeWitt. In their joint motion, the parties jointly request that Dr. DeWitt, as well as Plaintiff' vocational expert Dr. Michael Shahnasarian, be s allowed to appear by telephone for the purpose of minimizing costs. Given the relative importance of each expert' testimony to the issues presented and the fact that the parties cannot s agree on what Dr. DeWitt' opinons are, telephonic testimony is insufficient. s IT IS ORDERED that: (1) A 3-hour evidentiary hearing is set for May 11, 2006 at 8:00 a.m. in Courtroom A901 of the United States Courthouse located at 901 19th Street, Denver,

Case 1:01-cv-02089-MSK-CBS

Document 213

Filed 02/22/2006

Page 2 of 2

Colorado. (2) At least 3 days prior to the hearing, the parties shall provide copies of joint witness and exhibit lists to the chambers e-mail account: [email protected]. Such lists shall be in the form set forth at http://www.co.uscourts.gov/judges_frame.htm. (3) At least 3 days prior to the hearing, the parties shall exchange copies of any exhibits they intend to use at the hearing. (4) The parties'joint request to allow Dr. DeWitt and Dr. Shahnasarian to appear by telephone is DENIED. Dated this 22nd day of February, 2006 BY THE COURT:

Marcia S. Krieger United States District Judge

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