Free Pretrial Conference - Final - District Court of Colorado - Colorado

Case 1:03-cv-02669-MSK-PAC

Document 261

Filed 03/03/2006

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IN THE UNTIED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Patricia A. Coan Date: March 3, 2006 Courtroom Deputy: J. Chris Smith FTR: PAC Courtroom A-501 ___________________________________________________________________________
Civil Action No. 03-cv-02669-MSK-PAC LEPRINO FOODS COMPANY, Plaintiff, v. BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation, Defendant / Counterclaimant, and BIG-D CONSTRUCTION CORP., a Utah corporation, BIG-D CORPORATION, a Utah corporation, BIG-D CAPITAL CORP., a Wyoming corporation, and Does 1-100, inclusive, Defendants Francis J. Hughes John D. Mereness Patrick T. Markham Michael G. Bohn Richard Q. Russeth

BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation, BIG-D CONSTRUCTION CORP., A Utah corporation, and Does 1-100, inclusive, Third Party Plaintiffs, v. MARELICH MECHANICAL CO., INC., d/b/a University Marelich Mechanical, a California corporation, Peter J. Ippolito

Third party Defendant ____________________________________________________________________________________________ MARELICH MECHANICAL CO., INC., d/b/a University Marelich Mechanical, a California corporation, Third Party Plaintiff / Counterclaimant, v. BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation, FEDERAL INSURANCE COMPANY, Roes 20-80, inclusive, Counter-Defendant / Third-Party Defendants.

Case 1:03-cv-02669-MSK-PAC

Document 261

Filed 03/03/2006

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March 3, 2006 03-cv-02669-MSK-PAC

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COURTROOM MINUTES / MINUTE ORDER ___________________________________________________________________________ Final Pretrial Conference 8:59 a.m. Court in session.

Court' preliminary remarks. s Court reviews proposed final pretrial order and counsel answer questions. Counsel state the confusion in preparing the proposed order was caused by conflicting dates / guidelines indicated in two previously entered orders (April 4, 2004 Trial Preparation Order (doc. 14) and the 4/12/2004 Scheduling Order (doc. 13)). ORDERED: Judge Krieger' Final Trial Preparation Conference is scheduled April 5, s 2006 at 8:00 a.m. as indicated in Trial Preparation Order (doc. 14) (Clerk' s office shall correct computer docket entry to reflect correct date).

Court states its concerns with attachments to proposed order. ORDERED: Counsel shall meet and confer by March 20, 2006. Counsel shall exchange final witness and exhibit lists by March 13, 2006. Deadline to file objections to exhibits and witnesses is March 27, 2006. Deadline to submit single joint lists of exhibits and witnesses to Judge Krieger' is April 3, 2006. s

Court states the word preliminary has been stricken from proposed order. ORDERED: Attachments to the proposed final pretrial order and parties' final exhibit and witness lists shall be submitted to Courtroom Deputy Benjamin Van Dyke' e-mail address by March 13, 2006. s

Court clarifies pending motions with counsel. Court states plaintiff' renewed motion to compel (doc. 186) was ruled on February 14, 2006 s (doc. 212) and is deleted and counsel agree that the Third-Party Defendant' motion to compel s should also be deleted. ORDERED: Deadline to file motions in limine shall be pursuant to the February 24, 2006 Order (doc. 229). Proposed voir dire, instructions and verdict form shall be submitted to Judge Krieger prior to April 5, 2006 in accordance with her orders.

ORDERED:

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Case 1:03-cv-02669-MSK-PAC

Document 261

Filed 03/03/2006

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March 3, 2006 03-cv-02669-MSK-PAC Counsel agree to file a separate motion requesting 30 days for trial. Court instructs counsel to clarify may-call and will-call witnesses. Court instructs counsel to delete phrases " plaintiff further reserves right to offer any and all documents endorsed by party at any time"and " document that became known through any discovery or produced in disclosures"from Exhibit lists. Court further instructs counsel to follow MSK' jury notebook procedure. s ORDERED: ORDERED: Kevin Young' deposition shall be taken by March 17, 2006. s Counsel shall schedule a settlement conference / mediation before the trial date with JAMS and representatives with full settlement authority shall be present. Mr. Hinga is given the authority to determine whether the party representatives have full authority.

Court instructs counsel to confer regarding records and deposition requests of third-party not present. 10:03 a.m. Court in recess.

Hearing concluded. Total time in court:1 hr. 3 min.

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