Free Motion Hearing - District Court of Colorado - Colorado

Case 1:04-cv-01258-LTB-BNB

Document 99

Filed 07/07/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CHIEF JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: Deborah Hansen Date: July 6, 2005 Court Reporter: Terri Lindblom _____________________________________________________________________ Case No. 04-cv-01258-LTB-BNB STUDENT MARKETING GROUP, INC., Plaintiff, v. COLLEGE PARTNERSHIP, INC., f/k/a COLLEGE BOUND STUDENT ALLIANCE, INC., Defendant. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ HEARING - MOTION TO CONTINUE TRIAL 02:00 p.m. Court in Session Rosemary Orsini Counsel: Patrick McElhinny (telephonically) R. Daniel Sheid

Court' comments - procedural posture of the case s This case is set for a trial preparation conference July 14, 2005 and a five day jury trial August 15, 2005. The defense filed a motion to continue the trial preparation conference and the trial date. Court' further comments concerning the trial date s

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Case 1:04-cv-01258-LTB-BNB

Document 99

Filed 07/07/2005

Page 2 of 3

Argument by Ms. Orsini Argument by Mr. McElhiney Court' comments s Discussion re motion in limine ORDERED: (1) The defendant' motion to continue the trial preparation s conference and the trial date (Doc No. 89) is GRANTED. Plaintiff' motion to strike defendant' response (Doc No. 84) s s is DENIED Defendant' response to plaintiff' motion for summary s s judgment is accepted, filed June 1, 2005. Defendant' motion for leave to file response to summary s judgment out of time (Doc No. 92) is GRANTED; plaintiff has ten days to file reply. The current trial preparation hearing date and trial date are vacated. A further status hearing is set July 22, 2005 at 9:00 a.m. Mr. McElhiney may appear by telephone. A tentative hearing date is set Wednesday, August 17, 2005 on all remaining pending motions, at 9:00 a.m., for the entire day. Mr. McElhiney must be present. The trial date is reset to Monday, October 3, 2005, commencing at 8:30 a.m. A final trial preparation hearing is set Friday, September 23, 2005 at 9:30 a.m. At this trial preparation conference, counsel shall submit exhibit lists, with objections based upon rule of exclusion; witness lists, with estimated testimony time; voir dire questions; proposed jury instructions, no stock instructions needed, with elements and damages, a statement of case 2

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Case 1:04-cv-01258-LTB-BNB

Document 99

Filed 07/07/2005

Page 3 of 3

instruction and verdict forms, a hard copy, one set annotated, together with Word Perfect disk, 9.0. Counsel shall submit one set of instructions jointly, setting out the plaintiff' language in s caps, and the defense alternative language in brackets. Mr. McElhiney must be present. 02:51 p.m. Court in Recess Hearing concluded Time: 51 minutes

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