Opinion
Civil Action No. 10-cv-03115-RPM
09-24-2012
SCOTT CZARNIAK and ADRIENNE CZARNIAK, Plaintiffs, v. 20/20 INSTITUTE and MATTHEW K. CHANG, M.D. Defendants.
Senior District Judge Richard P. Matsch
Courtroom Deputy: J. Chris Smith
FTR Technician: Kathy Terasaki
Keith F. Cross
Todd J. Krouner
Benjamin P. Swartzendruber
C. Gregory Tiemeier
Max S. Stich
Amended COURTROOM MINUTES
Hearing on Motions for Summary Judgment
1:55 p.m. Court in session.
Defendant 20/20 Institutes' client representative Mark Danzo present. Court's preliminary remarks. Mr. Cross answers questions asked by the Court regarding case facts, claims (CCPA) and damages.
ORDERED: Plaintiffs' Motion to Strike the Affidavit of Gary Bircham, O.D [91], is denied.
Argument by Mr. Swartzendruber [68].
Argument by Mr. Tiemeier [74].
ORDERED: Defendant 20/20 Institute, LLC's Motion for Summary Judgment on Plaintiffs' CCPA and Fraud and Misrepresentation Claims [68], is denied.
Matthew K. Chang, M.D.'s Fed. R. Civ. P. 56 Motion for Partial Summary Judgment Regarding Plaintiffs' Second and Third Claims For Relief [74], is denied.
Plaintiffs permitted to take the deposition of Gary Birchman on the basis of his affidavit. Discussion and argument by counsel regarding plaintiffs' CCPA experts. Court states Daniel Baack Ph.D is not permitted to testify regarding the intent of 20/20's advertising. Discussion regarding scheduling.
ORDERED: Two week trial to jury set April 29, 2013.
Discussion regarding witnesses that may appear by videotape.
ORDERED: Pretrial conference set March 8, 2013 at 2:00p.m.
2:22 p.m. Court in recess.
Hearing concluded. Total time: 27 min.