Free Motion Hearing - District Court of Colorado - Colorado

Case 1:01-cv-02199-MSK-MEH Document 374 Filed 08/26/2005 IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF COLORADO HONORABLE MARCIA S . KRIEGER Courtroom Deputy: M aureen Nelson Court Reporter: Paul Zuckerman Civil Action No. 01-cv-02199-M SK-OES Parties: M ICHEL E. CLAWSON, and JARED L. DILLON, Plaintiffs, v. M OUNTAIN COAL COM PANY, L.L.C., ARCH WESTERN RESOURCES, L.L.C. a Delaware corporation, and ARCH COAL, INC., a Delaware corporation, Defendants. COURTROOM MINUTES HEARING: Rule 702 Hearing 1:15 p.m. Court in session Jeffrey Johnson M onique Tuttle Counsel Appearing: Keith Killian Damon Davis Date: August 25, 2005

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M ichel E. Clawson, Jared L. Dillon and client representative for the defendant, Ed Langrand, present in the Courtroom. Plaintiffs request that the previous testimony of M r. Ronald Brennan in the April 6, 2005 hearing be considered by the Court. The defendant objects. The Court will take judicial notice of the evidence that was presented with regard to M r. Brennan's qualifications for purposes of determining the admissibility of his opinions under Rule 702. Witness sworn, for the plaintiff: Ronald J. Brennan: Direct Examination by M r. Killian 1:18 p.m. EXHIBITS : Received: 1 through 15 upon stipulation (the Court conditionally admits these exhibits, if there is an exhibit that is not referred to during the testimony or during the argument on the admissibility of this expert's opinion, the Court will not be considering it.) Court in recess. Court in session.

2:19 p.m. 2:42 p.m.

Continued direct examination of M r. Brennan by M r. Killian. Cross examination of M r. Brennan by M r. Johnson.

Case 1:01-cv-02199-MSK-MEH Courtroom M inutes Judge M arcia S. Krieger Page 2 ORDER:

Document 374

Filed 08/26/2005

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As to the first opinion that M r. Clawson was perceived by M ountain Coal Company as disabled I find that this is an ultimate issue of fact to be determined by the jury. It is not subject to expert opinion. As to the second opinion that M ountain Coal should have engaged in an interactive process and made an effort to accommodate M r. Clawson's work limitations once he requested such an accommodation be made, that is a conclusion that the jury can reach based upon factual determinations and instructions as to the law. It is not an appropriate subject for an expert opinion. As to the third opinion that at one time M r. Clawson had a record of being disabled, that may be an opinion that an expert can express. Whether or not M r. Brennan has the expertise to express that, the Court makes no determination at this time. This hearing is continued to S eptember 8, 2005 at 10:00 a.m. in Courtroom A901, 901 19th Street, Denver, Colorado. Court in recess.

ORDER:

4:06 a.m.

Total Time: 2 Hours 28 minutes Hearing concluded