Free Motion in Limine - District Court of Colorado - Colorado

Case 1:04-cv-01160-LTB-CBS

Document 108-6

Filed 11/17/2006

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EXHIBIT D
10.18 PAGES

Case 1:04-cv-01160-LTB-CBS

Document 108-6

Filed 11/17/2006

Page 2 of 10

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T H E C O U R T :S o w h a t I w i l l deposition schedul-ed for plaintlff's

do is

this:

Do you have

expert? -because of passed, and for

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M R . M A G U I R E :Y o u r H o n o r , w h a v e n ' t the circumstances last winter, those deadlines

so thato s another thing the naming of an expert

we ought to do is for both parties Welt, this the going is

set a deadline

T H E C O U R T :O k a y . do: f"m going by July to

what I'm going to designate that the

Eequj-re that welln I'm

plaintiff to require

experts plaintiff

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designate

experts by August 15, because you should right now. designate rebuttal experts by August 15. by the 3.

be able to do that

So plaintiff The partj-es defendants wilI will

will

designate designate will

experts experts

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rebuttal

by October

And then aI1 discovery

end October 11. we can schedul-e

MR" MAGUIRE: That presumes that that expert within 14 days.

T H E C O U R T :N o , b e c a u s e y o u ' r e your expert finished on August 15, and the

going to designate is going to be

rebuttal

on October 13, so you got about 45 days, 48 days. MR. MAGUIRE: I -thought you saj-d that the --

defendants'

expert

I thought you said October the 3id riqht " for defendants' expert.

T H E C O U R T :T h a t ' s
MR" MAGUIRE:

T H E C O U R T :T h a t ' s

right.

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Case 1:04-cv-01160-LTB-CBS

Document 108-6

Filed 11/17/2006

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11 1 ) MR" MAGUIRE: So f have L4 davs to depose that

xpert?
T H E C O U R T :S u r e " Thatns right, mean, that's you do. plenty of time to

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MR. MAGUIRE: I pose the experL

THE COURT: ExactJ-y" MR. MAGUIRE: -expert is going but I have during to that And if assume that peri-od. push comes to once case as the

t.o be available

THE COURT: That's shove -you get isn't Iook, his

right.

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for purposes of summary judgment motion, report, that's al-l you need. anyway. And this

going to be resolved on experts right.

So, as far

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f'm concerned, yes" that's

There has been enough wheel-spinning for 15 lawsuits " Those are the deadlines.

in this

case

MR" MAGUTREOkay. : T7
It'

T H E C O U R T :M a k e i t

happen. r'd after that that vou ask and illl seE

M R . M A G U T R ET h e n - n ; ; : with is these gentlemen after just to pick a time this, during

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we/re done today period of time from

October 3rd to October 1-7th for THE COURT: Whatever happen. Okay. deadl-ine? Do I need

deposition. have to do, makb it

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a

new

dispositive has already

mot.ion filed

25

I mean, I know that

Lionbridge

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Case 1:04-cv-01160-LTB-CBS

Document 108-6

Filed 11/17/2006

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dispositive

motion"

r/m assuming the new defendants motion deadline. motions wilt be due

are

oing to want a dispositive So further

dispositive And then -didn't

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say November 11. M R " B O L M E R :I

hear vou"

Did you say the

11 r h ?
THE COURT: November 11. M R . B O L M E R :O k a y . T H E C O U R T : Y e a h, l L - L 1 _ . And then I with Chlef a new final guess what f'll conference. need to do is I don't come up

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pretrial

know what date. But

Judge Babcock is

golng to do abou! a trial thing now for give a final

hat In11 do is I'11 conference. that trial And

set this well,

pretrial now

actually, in this "

me a sense/

we've got more players originally set for?

How many days was the

M R " M A G U I R E :I ' m g o i n g I don't recall " MR. CROSS: That's
four or fi-ve " T H E C O U R T :W e l I ,

to guess it

was five,

but

my recollection,

your

Honor,

whatfs five.

your estimate

now, guys? \

M R " C R O S S :F o u r o r M R " M A G U I R E :Y e a h . M R " B O L M E R :I adds a whole

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don/ t see that

Ms. Ross's condition

Iot

other

than one more wJ-tness, so

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Case 1:04-cv-01160-LTB-CBS

Document 108-6

Filed 11/17/2006

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THE COURT: One more expert, M R " B O L M E R :- probably a gocd range" T H E C O U R T :A 1 1 r l g h t . Judge Babcock's chambers. a new trial E1len, it seems like

yeah" four or five is stili-

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w11l you call give till still

Chief

Do they want to

Lionbridge after.the looking

date now or do they want to wait conference? jury trial" them right now they've These folks are

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final for

pretrial a five-day

And tell motion with " deadline

got a dispositive

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of November LL, 2005.

See what we come up

Mr. Cross? M R . C R O S S :A c o u p l e i t e m s , THE COURT:Sure" MR. CROSS: One is deadline to certify 1aw. TI{E COURT: No. MR. CROSS: "No" supplant it? THE COURT:No. discovery. To the extent No. All we' re tal king aboutt is meaning it's not intended to is not intended compliance I assume that the August 1-5th Your Honor"

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to supplant plaintiff's finding an expert

obligation pursuant to

with

state

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there's

disclosure effect.

obligations Whatever

imposed by state that

law,

those remain in

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Case 1:04-cv-01160-LTB-CBS

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MR" understanding to plaintiff's

CROSS: And, is is that fifth

secondly,

Your

Honor, relates

my only

the extended discovery for relief and that

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claim

discovery

T H E C O U R T :Y e a h , w t r e n o t r e o p e n i n g - goi-ng over old discovery vis-a-vis is to ground" I mean, the

we're of

not this

whole purpose to catch to up

al.l-ow the new defendant

the new claim"

So we are not going

reopen claims. this is

f am not reopeni-ng discovery Nobody is

as to the preexisting This is not a --

going to redo di-scovery. It's

not a do-over. to spin wheels "

a catch-up situation.

We're not going

MR" CROSS:Thank you for Honor " THE COURT: Uh-huh.

the clarification,

Your

l-o

MR" MAGUIRE: Your thing since we've covered all is

Honor,

one

other

procedural I don't

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these deadlines here. for

know what your preference
nrr{ar
f

purposes of the scheduling

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T H E C O U R T :I ' 1 I MR" MAGUIRE: -thi s wi l l nrohal'r'l rr do 'iI

just it

issue a minute order, seems to me l-ike
--

this

will
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zz

rrnlggs

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THE COURT:Yeah, I'll wenre done here, that reflects InIl have my staff

what I'11 issue

do is

when order

a minute

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these dates.

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Filed 11/17/2006

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M R . M A G U I R E :O K a v .

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{-1^^

T H E C O U R T :A n d - L f you can get a.trial so I can -finaI

so aLl- we need to do i-s find

ouc

dat,e todayn and, if

you can, what it

the onl-v ot.her date that

f need to set now i-s

nre1-riaI conference. MR. MAGUfRE: Okay" And then that initial normal deadline I'm the other bit the thrown deadline conference do initial

other
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date then that because would What's our run

would -our from a

a Littl-e disclosure

on

is

typically date.

scheduling for us to

a reasonable

discoverv? THE COURT:WeII, that's a fair question. identifying I mean, part In terms of that of the I mean,

your

26(a) (1) (a) isn't any.

disclosures,

witnesses,

probably aren't

g o i n g t o t a k e n a n y t - i - m ea t a I I

because there pretty

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M R . M A G U I R E :W e c a n d o i t THE COURT: The documents, documents and
h:rro :

quickly. is of identifying your client's

real

question most

L>

I'm
I rarrlrr

assumj-ng that
haan nrndrrnad

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M R . M A G U I R E :T h e v h a v e . T H E C O U R T :S o I d o n ' t
m r 6 a sn .. v . at t , | |

know that

t.here's rnany l-- I / but my

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give you a date I suppose for

disclosures

sense r-s, whatever your client through subpoena or some other

has, she's already dj-sclosed form"

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Case 1:04-cv-01160-LTB-CBS

Document 108-6

Filed 11/17/2006

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M R " M A G U I R E :I -our answer is

think

that's

ri

nhf

Vnrr

L ..now/

ir

due on the l-8th. disclosures? fine

How about like

the end o f

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the month for

initial

T H E C O U R T :T h a t ' s Ellen,

with

me"

what do we know? date

THE CLERK: We have a new trial T H E C O U R T :O k a y " THE CLERK: It 2006; final B o'clock. T H E C O U R T :O k a y . at 8 o'clock? THE CLERK: 8 o'clock. So a trial trial 1s a five-day jury

trial, ApriI

May 22nd, 26, 2006 at

preparation

conference,

prep,

April

26,

2006

'lA

T H E C O U R T :8 o ' c I o c k . THE CLERK: Yes" T H E C O U R T :T r i a l with for a trial is a final So I going to to begin of April on May 22nd, 2006. 26' what I'm So

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prep conference pretrial can -for

looking

conference in

early

March, 2006. trial. at I'm

nope, I'm going to be in a final pretrial that

set this

conference

10 o'clock

on March 6thn if MR" CROSS: I

works for Your Honor,

you a1t. for deferrdant

does,

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Lionbridge. M R . M A G U I R E :Y e s o f o r THE COURT:Okav the plaintiff"

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Case 1:04-cv-01160-LTB-CBS

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Document 108-6

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L7 M R " B O L M E R :I t works for defendant Ross also. do is this,

T H E C O U R T :A 1 1 r i g h t . to recap: witnesses rebuttal We wir-l on or say that before

So what we'll plaintiff 15;

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ll'"n.'t e l l d e s i qn a

il-

must designate defendants October 3. must AIt

t

August

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il v e r y m u s t e n d b y ll"'"'o d e a d l i n e w i l l n

experts

on or

before

October be

l-7th"

The new dispositive Fina1 And -pretrial excuse me by 4-29.

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ff:::
it-*---- a
lli t , e

lF-"".
ine for fact

lr"':'

November 11.

rence will

be March 5 at 10 o'clock.

w defendants must complete 26 (a) disclosures

MR" CROSS: Does that discovery

mean, Your Honor, kind of

t.hat the And

just

goes away?

il-"

' it - ' s i r r s t a just one discovery deadline.

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T H E C O U R T :f t ' s

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M R . C R O S S :T h a n k s . T H E C O U R T :A l l discoverv ends on October 17th.

M R . C R O S S :T h a n k y o u " THE COURT:I mean, I don't precision Okay. than that" Any other questions? is obvious, but you sent out a know that we need any

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ll'"'"
so that

tI

M R . M A G U I R E :T h i s

e order before you got the order for goes away obviously" Yeah.

vacating

the trial

THE COURT:Yeah.

il il

M R . M A G U I R E :O k a v .

ll

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Document 108-6

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THE COURT: I mean, t.hese will

become the new

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IO renqrtri nl-

M R " M A G U I R E :O k a y . THE COURT:All right?

MR" MAGUIRE: Thank you T H E C O U R T :A l l right, guys " Good luck.

M R " C R O S S :T h a n k s . M R " B O L M E R ;T h a n k y o u r Y o u r H o n o r . T H E C O U R T :Y e s .

(Whereupon,

the

within

hearing L4, 2005.)

was

then

IN

onclusj-on at 9:47 p.m. on April

f

certify
l-n l- ha hac1.

that
n rf v m 'r- r rr I

i-ha

faracni

nn

'i <

:

-^rranl-

knowledge and beli-ef , from the matter.

record

of proceedings

in

the above-entitled

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Siqnature

of Transcriber

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