Free Trial Preparation Conference - District Court of Colorado - Colorado

Case 1:04-cv-01227-MSK-PAC

Document 96

Filed 09/13/2005

Page 1 of 2

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. 04-cv-01227-M SK Parties: DAVID CORTNEY BISHOP, Plaintiff, v. UNITED PARCEL SERVICE, CO., a Delaware corporation, Defendant. Jimmy Goh Counsel Appearing: Hollie Wieland Date: September 13, 2005

COURTROOM MINUTES

HEARING: Final Trial Preparation Conference 8:16 a.m. Court in session.

M r. David Bishop present by telephone. M r. John Cooper, client representative for the defendant, present in the courtroom. Argument on pending motions. Oral findings and conclusions of law are made of record and incorporated herein. ORDER: ORDER: ORDER: M otion for Summary Judgment (Doc. #59) is denied. All matters will be tried. M otion in Limine Regarding Backpay and Frontpay (Doc. #83) is denied. M otion in Limine Regarding Non-Similarly Situated Employees (Doc. #84) is denied as moot.

Case 1:04-cv-01227-MSK-PAC Courtroom M inutes Judge M arcia S. Krieger Page 2

Document 96

Filed 09/13/2005

Page 2 of 2

Discussion regarding claims and defenses. ORDER: The following defenses are deemed withdrawn: 1) the defense that M r. Bishop's claims are barred by the statute of limitations; 2) that he has failed to exhaust his administrative remedies, and 3) that they're barred by the statute of frauds. S eptember 23, 2005 will be the date for withdrawal of those claims and defenses the parties do not intend to proceed on. This will constitute the safe harbor notification under Rule 11.

ORDER:

Discussion regarding voir dire. Discussion regarding jury instructions. Discussion regarding witness and exhibit lists. No objections to juror note taking. 8:54 a.m. Court in recess.

Total Time: 38 minutes Hearing concluded