Free Motion Hearing - District Court of Colorado - Colorado

Case 1:03-cv-02462-WYD-PAC

Document 105

Filed 02/16/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Patricia A. Coan Civil Action No. 03-cv-02462-WYD -PAC Date: February 16, 2006 BOBBY L. PADILLA, Plaintiff, v. SAN LUIS CENTRAL RAILROAD COMPANY, Defendant. Evan S. Lipstein FTR - PAC COURTROOM A-501 Deputy Clerk: Ben Van Dyke Jack A. Kintzele

COURTROOM MINUTES / MINUTE ORDER Motions Hearing 1:34 p.m. Court in session.

Court calls case. Appearances of counsel. 1:36 p.m. Mr Kintzele presents argument in support of Plaintiff' Motion to Exclude the s Testimony of Henry Roth, MD as to the Content of any of His Reports Other than the September 19, 2005 Report, Exhibit Twenty-Three (23) to His Depositions, Because no Other Report of Dr. Roth was Provided to the Plaintiff Until December 13, 2005, After Dr. Roth' Initial Deposition dated January 24, s 2006 (doc. 82).

Court questions Mr. Kintzele regarding his argument. 1:44 p.m. Mr. Lipstein presents responsive argument to Plaintiff' Motion to Exclude the s Testimony of Henry Roth, MD as to the Content of any of His Reports Other than the September 19, 2005 Report, Exhibit Twenty-Three (23) to His Depositions, Because no Other Report of Dr. Roth was Provided to the Plaintiff Until December 13, 2005, After Dr. Roth' Initial Deposition dated January 24, s 2006 (doc. 82).

1:48 p.m.

Mr. Kintzele presents rebuttal argument on the motion.

Case 1:03-cv-02462-WYD-PAC

Document 105

Filed 02/16/2006

Page 2 of 2

Civil Action No. 03-cv-02462-WYD-PAC Date: February 16, 2006

ORDERED:

Plaintiff' Motion to Exclude the Testimony of Henry Roth, MD as to the s Content of any of His Reports Other than the September 19, 2005 Report, Exhibit Twenty-Three (23) to His Depositions, Because no Other Report of Dr. Roth was Provided to the Plaintiff Until December 13, 2005, After Dr. Roth' Initial Deposition dated January 24, 2006 (doc. 82) is Granted in part s and Denied in part for the reasons stated on the record. The Motion to Exclude the Testimony of Henry Roth, M.D. is Denied. The Motion for Sanctions is Granted. Mr. Lipstein will pay Mr. Kintzele $579.00 plus the court reporter' appearance fee by February 27, 2006. s

ORDERED:

The January 5, 2006 addendum to Edwin Healey, M.D.' report is s considered timely. Defendant will take a supplemental deposition of Edwin Healey, M.D. by March 17, 2006. The discovery deadline is extended through March 17, 2006 for the purposes of taking the Healey deposition only. Court in recess. 26 minutes.

ORDERED:

2:00 p.m.

Total time in court: Hearing concluded.

*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.

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