Coors Brewing Co. v. Jacobs Eng'g Grp. Inc.

Full title: COORS BREWING COMPANY, Plaintiff, v. JACOBS ENGINEERING GROUP INC., JACOBS…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Feb 1, 2013

Civil Action No. 08-cv-00985-RPM (D. Colo. Feb. 1, 2013)

Opinion

Civil Action No. 08-cv-00985-RPM

02-01-2013

COORS BREWING COMPANY, Plaintiff, v. JACOBS ENGINEERING GROUP INC., JACOBS INDUSTRIAL SERVICES, INC., a/k/a JACOBS CONSTRUCTION SERVICES, INC., and JACOBS CONSTRUCTION, INC., Defendants.

Robert C. Chambers Clifford B. Stricklin John M. Mastin, Jr. Robert Simmons Albert E. Peacock, III David G. Palmer P. Terry Ross Elizabeth Beazley Tara Voss

Richard P. Matsch

Senior District Judge Richard P. Matsch

Courtroom Deputy: Sabrina Grimm
FTR Technician: Kathy Terasaki

Robert C. Chambers

Clifford B. Stricklin

John M. Mastin, Jr.

Robert Simmons

Albert E. Peacock, III

David G. Palmer

P. Terry Ross

Elizabeth Beazley

Tara Voss

COURTROOM MINUTES

Trial to Jury Day Twelve (Jury Not Present)

10:00 a.m. Court in session.

Plaintiff's client representative Robert Simmons and Defendants' client representative Steve Dickenson are present. Court's preliminary remarks. Court states core issues is whether the evidence should be analyzed under separate contracts and separate defendants. Statement by Mr. Chambers. 10:05 a.m. Argument by Mr. Peacock.
10:11 a.m. Argument by Mr. Chambers.
10:18 a.m. Rebuttal argument by Mr. Peacock.

Court's finding that the contracts as performed are conflated and the defendants' liability is joint.

ORDERED: Jacobs Engineering Group Inc. and Jacobs Construction Services, Inc.'s Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(a) [267], is denied.

Statements by the Court regarding submission of the case to the jury and jury instructions. ORDERED: Counsel shall submit proposed jury instructions, in paper format, by noon on Wednesday, February 6, 2013. . Defendants' further and renewed objections regarding damages by Mr. Peacock. Court's statement regarding capping damages. Statement by Mr. Chambers. Court states issue of contractual limitation on damages will be a post verdict ruling by the Court.

10:30 a.m. Court in recess.

Clerk's Note: Defendant's Partial Withdrawal of Deposition Designations from Zane Barnes deposition transcript submitted by defendant and is attached. Trial continued. Total time: 30 mins.