Free Trial Preparation Conference - District Court of Colorado - Colorado

Case 1:01-cv-02199-MSK-MEH

Document 378

Filed 10/31/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Maureen Nelson Court Reporter: Paul Zuckerman Civil Action No. 01-cv-02199-MSK-OES Parties: MICHEL E. CLAWSON, and JARED L. DILLON, Plaintiffs, v. MOUNTAIN COAL COMPANY, L.L.C., ARCH WESTERN RESOURCES, L.L.C. a Delaware corporation, and ARCH COAL, INC., a Delaware corporation, Defendants. COURTROOM MINUTES HEARING: Final Trial Preparation Conference. 1:43 p.m. Court in session Jeffrey Johnson Monique Tuttle Counsel Appearing: Keith Killian Date: October 31, 2005

Oral ruling with regard to the admissibility of Mr. Brennan's testimony. Oral findings and conclusions of law are made of record and incorporated herein. ORDER: Motion in Limine to Exclude Opinion and Testimony of Ronald Brennan (Doc. #288) is granted in part and denied in part. The Court finds, based on the testimony that has been presented, that the proffered opinions of Mr. Ronald Brennan are allowed and excluded as specified by the court in its oral ruling. Motions regarding collateral sources, Doc. #343 and 355 are denied in part and granted in part in accordance with the Court's ruling. Renewed Motion for Trial in Grand Junction (Doc. #351) is granted. Motion for Reconsideration (Doc.#352) is denied. Second Motion to Add Witnesses and Permit Testimony (Doc. #353) is granted. However, if these witnesses are called to testify and there is any duplication in the questions asked of them or in the information elicited from them at the moment that occurs the examination is over. A two week trial in Grand Junction is set for April 10, 2006 to begin at 8:30 a.m. and the matter will be submitted to the jury no later than 3:00 p.m. on April 21, 2006.

ORDER: ORDER: ORDER: ORDER:

ORDER:

Case 1:01-cv-02199-MSK-MEH Courtroom Minutes Judge Marcia S. Krieger Page 2 ORDER: 2:28 p.m.

Document 378

Filed 10/31/2005

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Depositions of additional witnesses added to the witness list pursuant to the granting of Docket #353 shall be completed by December 15, 2005. Court in recess.

Total Time: 55 minutes Hearing concluded