Free Motion Hearing - District Court of Colorado - Colorado

Case 1:03-cv-02639-WYD-MEH

Document 114

Filed 01/11/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Courtroom Deputy: Robert R. Keech Date: January 11, 2006 E.C.R./Reporter: Darlene Martinez ___________________________________________________________________________ Civil Action No: 03-cv-02639-WYD-OES DAVID R. PRICE, Plaintiff, v. WILSON SPORTING GOODS COMPANY, et al., Richard A. Waltz Counsel: Bennett S. Aisenberg H. Paul Himes, Jr.

Defendants. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ FINAL TRIAL PREPARATION CONFERENCE 9:06 a.m. Court in Session APPEARANCES OF COUNSEL. Court' opening remarks. s 9:08 a.m. Discussion regarding efforts to settle this case and statement by counsel that this case will go to trial as scheduled. Discussion regarding jury instructions submitted by the parties. Defendant shall file revised jury instructions with authority and memorandum on objections to Plaintiff' proposed jury instructions not later than Thursday, s January 12, 2006. Plaintiff shall file revised jury instructions not later than Thursday, January 12, 2006.

9:13 a.m. ORDERED:

ORDERED:

Case 1:03-cv-02639-WYD-MEH

Document 114

Filed 01/11/2006

Page 2 of 3

Judge Wiley Y. Daniel 03-cv-02639-WYD-OES - Courtroom Minutes Page 2 ORDERED: Objections to revised jury instructions shall be filed not later than Friday, January 20, 2006. Court outlines procedures for jury selection. Each side will be allowed supplemental voir dire not to exceed twenty (20) minutes. Plaintiff' Motion in Limine Re: Prior Arrests, Misdemeanors, Criminal s Dispositions, without Convictions and Civil Suits (#55 - 7/28/05); Plaintiff' s Motion in Limine Re: Social Security Benefits (#54 - 7/28/05); and Plaintiff' s Motion in Limine Re: Plaintiff' Failure to File Income Tax Returns (#56 s 7/28/05) are raised for argument. 9:24 a.m. 9:47 a.m. 10:03 a.m. ORDERED: Argument by Defendant (Mr. Waltz). Argument by Plaintiff (Mr. Aisenberg). Argument by Defendant (Mr. Waltz). Plaintiff' Motion in Limine Re: Plaintiff' Failure to File Income Tax Returns (#56 s s - 7/28/05) is GRANTED. Plaintiff' Motion in Limine Re: Prior Arrests, Misdemeanors, Criminal s Dispositions, Without Convictions and Civil Suits (#55 - 7/28/05) is GRANTED. Mr. Waltz may not mention these prior arrests, misdemeanors, criminal dispositions without convictions and civil suits in opening statement. Defendant may again raise issues concerning the son, David W. Price, outside the presence of the jury during trial. Plaintiff' Motion in Limine Re: Social Security Benefits (#54 - 7/28/05) is s GRANTED. Discussion regarding additional issues raised in Plaintiff' Memorandum Re: s Issues which Require Resolution Prior to Trial (#98 - 1/10/06). Plaintiff shall file briefing on the issue of introduction of correspondence by memorandum of law by Thursday, January 12, 2006.

9:18 a.m. ORDERED:

ORDERED:

ORDERED:

ORDERED:

ORDERED:

10:19 a.m.

ORDERED:

Case 1:03-cv-02639-WYD-MEH

Document 114

Filed 01/11/2006

Page 3 of 3

Judge Wiley Y. Daniel 03-cv-02639-WYD-OES - Courtroom Minutes Page 3 ORDERED: Defendant shall respond to Plaintiff' memorandum of law by Tuesday, s January 17, 2006. Plaintiff' request that Plaintiff not be present in the courtroom during the s testimony of certain witnesses is DENIED.

ORDERED:

ORDERED: Plaintiff will be allowed to have a jury consultant, but shall refer to that person as a legal assistant in front of the jury. ORDERED: Court will defer remaining issues raised in Plaintiff' Memorandum Re: s Issues which Require Resolution Prior to Trial (#98 - 1/10/06). ORDERED: Plaintiff shall file additional jury instructions by Thursday, January 12, 2006. ORDERED: Defendant shall file objections to those additional jury instructions not later than Friday, January 20, 2006. ORDERED: Plaintiff' witness Chester S. Shira will be allowed to testify via videos conferencing. Counsel shall make arrangements with the Court' s automation department for the video-conferencing of the witness to occur. ORDERED: Parties shall file stipulated proposed amendments to pretrial order not later than Tuesday, January 17, 2006. 10:40 a.m. Court in Recess - HEARING CONCLUDED

TOTAL TIME: 1:34