Free Proposed Pretrial Order - District Court of Colorado - Colorado

Case 1:03-cv-02319-WDM-MJW

Document 263-2

Filed 04/25/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, vs. CMI, KIM DEMPEWOLF, RYAN BRADLEY, MARY, SANDRA, AARON, JASON and CHARLES, Defendants. ______________________________________________________________________________ DEFENDANTS' PRELIMINARY EXHIBIT LIST ______________________________________________________________________________

COME NOW the Defendants, CMI, Kim Dempewolf, Marye Deming, and Jason Coolidge, by and through the law firm of PRYOR JOHNSON CARNEY KARR NIXON , P.C., and provide the following list of exhibits which may be introduced as evidence at trial. NOTE: This is a preliminary exhibit list. Defendants CMI, Dempewolf, Deming and

Coolidge reserve the right to add or delete exhibits based on Plaintiff's listing of exhibits, orders of Court, and/or for purposes of impeachment and rebuttal. NTBO = Not To Be Offered as evidence (for demonstrative or cross-examination purposes only)

Case 1:03-cv-02319-WDM-MJW

Document 263-2

Filed 04/25/2006

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EX. NO. A

DESCRIPTION Plaintiff's file maintained by Centennial Community Transition Center, Bates labeled "CCTC," Nos. 2 through 387, produced on September 20, 2005, with the exception of Nos. 9-37, 167-168. Records from Martel Medical, produced on October 31, 2005. CMI Writ/Grievance Procedure, Policy No. 3.011, produced on January 18, 2006. CMI Antabuse Policy, Policy No. 4.009, produced on January 18, 2006. Residential Rules and Regulations, produced on January 18, 2006. Report of Javier C. Waksman, M.D. Curriculum Vitae of Javier C. Waksman, M.D.

ADMITTED BY STIP.

OFFERED

REC'D

REFUSED

RULING RESERVED

B

C

D

E

F G

NOTE: Defendants reserve the right to introduce any medical records that are obtained pursuant to a signed medical release. 1 Defendants reserve the right to introduce any document marked as an exhibit to any deposition taken in this matter. Defendants reserve the right to use an enlargement or transparency of any exhibit or other document listed by any party for the purpose of witness examination. Defendants reserve the right to use or introduce any document obtained during discovery in this matter, including deposition exhibits, for the purpose of impeachment or rebuttal of evidence offered by plaintiff. Defendants reserve the right to use or introduce any portion of any discovery deposition, and/or transparency of any portion of any written or oral discovery, for the purpose of impeachment or rebuttal of evidence offered by plaintiff. Defendants reserve the right to use or introduce any exhibit listed by any other party.

Plaintiff has refused to provide medical releases, despite Magistrate Judge Watanabe's Order of December 6, 2005 instructing Plaintiff to provide notarized releases.
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Case 1:03-cv-02319-WDM-MJW

Document 263-2

Filed 04/25/2006

Page 3 of 4

Defendants reserve the right to introduce any demonstrative exhibit necessary to assist with the presentation of testimony, including illustrations, models, diagrams or time lines. Defendants request that the parties stipulate to the authenticity and genuineness of all medical, hospital, employment and tax records and that all records, including out-of-state records, be deemed business records within the meaning of F.R.E. 803(6), subject to the further understanding that the parties reserve all objections on grounds of relevancy and any other grounds except foundation and authenticity. Defendants reserve the right to introduce as exhibits any records that have been obtained pursuant to signed releases, including employment records, insurance records, tax records, etc.

Respectfully submitted, PRYOR JOHNSON CARNEY KARR NIXON, P.C. /s/ Steven J. Wienczkowski Scott S. Nixon Steven J. Wienczkowski 5619 DTC Parkway, Suite 1200 Greenwood Village, Colorado 80111 303.773.3500 Phone 303.779.0740 Fax E-mail: [email protected]

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Case 1:03-cv-02319-WDM-MJW

Document 263-2

Filed 04/25/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on the 25th day of April, 2006, a true and correct copy of Defendants' Preliminary Exhibit List was placed in the U.S. Mail, proper postage prepaid thereon, addressed to: Oloyea D. Wallin Reg. No. 111389 AVCF Arkansas Valley Correctional Facility P.O. Box 1000 Crowley, Colorado 81034 Billy-George Hertzke, Esq. Senter, Goldfarb & Rice, LLC 1700 Broadway, Suite 1700 Denver, Colorado 80290

/s/ Laura Buckingham Laura Buckingham on behalf of Pryor Johnson Carney Karr Nixon, P.C.

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