Free Motion in Limine - District Court of Colorado - Colorado

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

Document 108-5

Filed 11/17/2006

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

Document 108-5

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IN THE UNITED STATES DISTRICT COURT F O R T H E D I S T R I C T OF COLORADO Case No. 04-B-116O-CBS

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ISABE],LE DER KEVORKIAN, Plaintiff, vs. L I O N B R I D G E E C H N O L O G I E S ,t d l . , T Defendants "

Proceedings States Maglstrate

before

CRAIG B. States

SHAFFER, Unj-ted District Court for 1-4,

Judge, United

the District 2005, in

of Colorado,

commencing at 8 2 2 8 a " m . , A p r i l Courthouse,
l)anrrar
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the United

States

-

Cn'l nr2d9.

WHEREUPON, ELECTRONICALLY THE RECORDED PROCEEDTNGS A R E H E R E I N T Y P O G R A P H I C A L LT R A N S C R I B E D . . . Y

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APPEARANCES JOEL MAGUIRE,Attorney plaintiff. DAN CROSS and appearing for the JOHN BOLMER, Attorneys at 'Law, at Law, appearing for the

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defendants "

STATUS CONFERENCE

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80203

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

Document 108-5

Filed 11/17/2006

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p R o c E E D T N G S
(Whereupon, the
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within

electronically

recorded

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llproceedings are herein tl
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transcribed,

pursuant to order of

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tHE cLERK: A11 rise"

T H B C O U R T :P l e a s e , e v e r y o n e / h a v e a s e a t . We.are ll tl l ll o n t h e r e c o r d i n 0 4 - B - I L 6 0 , D e r K e v o r k i a n v e r s u s L i o n b r i d g e t lland Sharrvn Ross and Ross, Martell
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& Silverman"

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take

llappearances of counsel. tl MR. MAGUIRE: Good morning, il
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Your f .

Honor.

Joel

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llMaguire appearing

on behalf

of the plaintif

THECOURT: okay
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C R O S S :G o o d m o r n i n g , Y o u r H o n o r .

Dan Cross

llappearing on behalf of defendant Lionbridge. tl ll vn - BoLMER: John Bolmer with Hallil il, l l b e h a l - f o f M s" R o s s a n d h e r l a w f i r m .
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& Evans

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T H E C O U R T :O k a y "

Fo1ks, sort file

of to set the scene,

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motion to filed that once

an amended complaint. Chief Judge

to that. decision. objection. did. I

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jlBabcock has
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overruled than we

We now have more know t- h-a- tdefendant

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a m otj- on for
a status forward
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summ ar y judgm er l t.
Give me your You've
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We set this

for

conference. with
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How are hre going
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Case 1:04-cv-01160-LTB-CBS

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Filed 11/17/2006

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M R . M A G U I R E :T h a t ' s T H E C O U R T :O k a y M R . M A G U I R E :I f i l e d

been vacated

a motion and it It just hasn't

was granted. shown up on

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T H E C O U R T :A 1 1 r i g h t . our computer system yet. So and it hasn't

been reset? The way things stand Mr. are that

MR. MAGUIRE: No. the additlonal accepted extension defendants servj.ce. of time

have been served. He requested

Bo1mer's a

office brief

and was granted

until

the

l-7th

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M R . B O L M E R :1 8 t h " M R " M A G U I R E :1 8 t h . T H E C O U R T :T o f i l e an answer, yes. -he had Mondav the i-Bth to

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M R . M A G U I R E :- file an answer. I've for

until

got until

the 19th now to respond to and that's where

Lionbridgens we are.

motion

summary judgment,

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T H E C O U R T :I ' m - you gor-ng t o n e e d t o d o ?

in terros of discoveryr

what are

M R " B O T , M E RY o u r H o n o r , t h e a n s w e r i s : answer is not very much. to see if from I think he nods -our we could

-*

the short

probably get the

going to look informal stuff

but we can probabty on most of

discoverv

co-defendant

we need -THE COURT: The record should reflect that Mr.

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not

rraf
l - "

nodded.

Fleo s

smiling'

but

he's

not

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my client, sued" so I'm ando if

Ms" Ross'

was

assuming that an issue before we
t^^-

that's

otherwise"

produced her whole documents that we h a d .

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have t o than

have

experts,

20 2L 22 23 24 25 That seems like a good aPProach.
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words, what wet re
l-a
aai na YvrrrY

l-rt

have that

a deadline

by which whatever

she'II

wrap

up

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THE COURT: And how ow much time that's

and

dr

\ta

ma

qnma

eanc6

of

going to take. answer by
d J

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MR" BOLMER: ello we're on schedule to W the 18th, and I'1I be able to do that.

We are answering

pposed to movj-ng to dismissr THE ounterciaims, COURT: Are

so we'11 have the there going to be any

cross-ciaims?

M R . B O L M E R :N o . t H E C O U R T :O k a y . M R " B O L M E R :S o t h a t a littte 18rh. Let's that The only -a two-week trj-al take vacation in the only calendar thing told that I have is s e e" Initialdisclosures shortlv after bit. will be
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The pleadj-ngs will

in

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fhon

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J-ho

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in May, and my client October.

me she wants to we don't have a out

So, otherwise,

whole lot

of blocks

of time that so I -but I'd if

are going to be blacked

on anybody's calendar, probably nod approval,

you throw out a date I T' lL

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THE COURT: Well, rather than me throwing

just

as

soon --

I

mean,

out a date,

you know what discovery how much time it's

you need to do.

You know approximately

going to take you.
MR. BOLMER: Yeah"

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THE C O U R T :
asonaol.e.
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set

any

riai-a

\ / o*' r ' r J "

fhj-nk

a new discovery

deadline

of blank

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nd -M R . B O L M E R :O k a y " THE COURT:-just fill j-n the blank.

M R . B O L M E R :T h e e n d o f S e p t e m b e r . MR. MAGUIRE: For di-scoverv deadline? M R " B O L M E R :Y e s " M R . M A G U I R E :T h a t ' s fine" end of September is hesitation that. If there what I be lay or

M R . B O L M E R :I g u e s s - was throwing experts discovery out, but the only than

would a

may take cutoff

lonqer

we had cutoff

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and then an expert cutoff, for

discovery

do you want one discovery T H E C O U R T :W e l l ,

everything? -for okay. you to set? you're going to

I mean, I

M R . B O L M E R :W h a t ' s e a s i e r THE COURT: The only take you're

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deposition

goi-ng to take the pj-aintj-ff 's That's the onlv

deposition. one I envision

M R . B O L M E R :Y e s " right now" There may be T H E C O U R T :O k a y MR, BOLMER' -informally witnesses I

some other

people, we're

but

I

dfrin:<

can get any other

since

interviewing

otherwise. T H E C O U R T :A n d s o y o u ' r e going to take

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M R . B O L M E R :B u t t h e n t h e e x p e r t " T H E C O U R T :Y o u ' r e eposi-tion and youore going MR. laintiff' BOLMER: And going to take the plaintiff's

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R

to retain we're

an expert " going to take the

s expert' s deposition" T H E C O U R T :O k a v " MR. MAGUIRE Mr " : Yes? Bo1mer said I agree that but I and we tal-ked I don't need to any so

about Ms" Ross's deposition. go into the factual

background, of care

didn't

ask her like that r

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questions itn s

about standard that I

and things to have It a

possible

may want

very

limited take very

deposition long "

of those additional

areas.

wouldn't

T H E C O U R T :W e l I , have thought those were all

I'm just relevant

curious,

why --

I would

areas that

you should

have covered the first

time. a defendant

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M R " M A G U I R E :W e I l - , I m e a n , s h e w a s n ' t at the tj-me, and -THE COURT: Well, facts " I know, but the

facts

are

the know

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Whether she's a defendant or not, why she did it,

vou wanted to

what she was doing,

right? ask her things'Iike

M R . M A G U I R B :V [ e 1 1 , f her background, why she did --

didn't

T H E C O U R T :W e I I , C o u n s e l , w h a t I ' m t e . L l - i n g y o u i s : Don't assume. The rule is very clear. Nobody can be

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redeposed cause.

without

leave

of

court

for

a

showing

of

good

Don't assume that Ms. Ross J-s going to be redeposed,. MR. MAGUIRE: Okay. W e /I I , I have to show good

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T H E C O U R T :Y e s "

Riqht"

M R . M A G U I R E :O k a y " THE COURT:So what you're
8
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telling

me is

you want

a fact

discovery

deadline deadline

in September, and then you want to in

have an expert

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M R . B O L M E R :E n d o f O c t o b e r m a y b e . T H E C O U R T :A l 1 r i g h t " do this: discovery. expert hire f will I give will you until WeII, what I'11 September L,2005 October l7 to do is for I'11 fact

gj-ve you till

comptete if you

discovery.

Because, practically

speaking,

an expert to deal with the standard of caren et cetera, I mean, your expert presumably could begin are primari-ly records that to

et cetera work right rely
an'inn
Y v 4 r r y

now because your experts cli-ent
ffOm

goj-ng to you're

on your
l-n
y v g

and the

business

aat-

LiOnbfidge"

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I don't the plaintiff in

know necessarily order

that

you need to

depose the

to have your expert

opine about

standard of care. MR. BOLMER: I plaintiff, issue that's but may need some information -because the
T r trre Sve rer n u v

from other
SO faf

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to some extent
in fha

that
}/rvqvrrrYU

been ralsed

nla=rljnO.S

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is

the formation that That's

of an attorney-client through, is probably of a question of fact for

relationship, not expert

which, testimony

thinking anyway,

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6

a question

T H E C O U R T :f t ' s M R " B O L M E R :- but

of fact" the fact finder,

T H E C O U R T :A n d , m o r e p a r t i c u l a r l y , be a question thought that going talking to of what Ms" Ross thought, she had an attorney-client to right?

it's If

going

to

Ms. Ross you're by

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rel-ationship,

be able

know what Ms" Ross thought

simply

t o M s" R o s s , M R " B O L M E R :R i g h t THE COURT: And if there's Ms. correspondence functioning which as

indicates attorney that

in for

any

way that

Ross was

r-5
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Lionbridge is

and/or

M s" D e r K e r v o r k i a n , available. the stand' is: --

I mean,

information

immediatelv

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But the bottom Ij-ne is, of the standard of care,

for purposes Ms. Ross

the issue why did

What did

know, when did I mean, I

she know it, know

she act the way she did? that to an exhaustive

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don't of the

necessarily is going

deposition

plaintiff

have a materialthe sourde of

impact on any of those questions" that inf ormation i-s qoinq

Really,

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t.o be Ms.

Ross and Ms.

Ross' s

records "
MR" BOLMER: I think that's riqht.

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