Guara v. City of Trinidad

Full title: DAVID GUARA, Plaintiff, v. CITY OF TRINIDAD, a City Municipality…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Oct 4, 2012

Civil Action No. 10-cv-02529-WJM-KMT (D. Colo. Oct. 4, 2012)

Opinion

Civil Action No. 10-cv-02529-WJM-KMT

10-04-2012

DAVID GUARA, Plaintiff, v. CITY OF TRINIDAD, a City Municipality, Defendant.

Gregory Fasing James Carleo J. Andrew Nathan Marni Nathan Kloster

William J. Martínez

Judge William J. Martínez

Courtroom Deputy: Deborah Hansen
Court Reporter: Gwen Daniel

Gregory Fasing

James Carleo

J. Andrew Nathan

Marni Nathan Kloster

COURTROOM MINUTES

FINAL TRIAL PREPARATION CONFERENCE 04:04 p.m. Court in Session Appearances Court's comments

ORDERED: 1) Plaintiff's Motion to Amend Final Pretrial Order (ECF No. 103) is DENIED.

The Court proceeds to an oral ruling on Plaintiff's Motion to Strike Defense Experts And Preclude Trial Admissibility (ECF No. 72). Court's colloquy with Mr. Fasing and Mr. Nathan Mr. Nathan agrees that Dr. Nicoletti and his testimony will be irrelevant in this case. The defense withdraws Dr. Nicoletti and his report. The Court continues its oral ruling on Plaintiff's Motion to Strike Defense Experts And Preclude Trial Admissibility (ECF No. 72):

ORDERED: 2) Defendant's Objection to Magistrate Judge's Order (ECF No. 118) is OVERRULED in part and Plaintiff's Objection to Magistrate Judge's Order is SUSTAINED in part.

With respect to John Garcia and Timothy Leary, the Court REVERSES Magistrate Judge Tafoya's ruling (ECF No. 106) and GRANTS plaintiff's motion to strike to the extent it seeks to preclude John Garcia's and Timothy Leary's testimony as expert witnesses.
Therefore, the defendant will be permitted to call Mr. Garcia and Mr. Leary as witnesses, but the Court will not permit them to be endorsed as experts.
Dr. Nicoletti will not be permitted to testify at all.

The Court addresses Plaintiff's Motion in Limine (ECF No. 92)

ORDERED: 3) Plaintiff's Motion in Limine (ECF No. 92) is DENIED IN PART AND GRANTED IN PART.

ORDERED: 4) No trial briefs shall be filed.

Court's comments re trial Opening statements are limited to 20 minutes on each side. Discussion Defendant is granted leave under Rule 611 to exceed the scope of direct examination.

ORDERED: 5) Counsel shall exchange their Order of Witnesses no later than 5:00 p.m. on Thursday, October 18, 2012.

Court's comments regarding deposition designations Counsel's comments Neither party is presenting any testimony by deposition. The Court addresses exhibit lists Mr. Nathan's comments

ORDERED: 6) Counsel shall to meet face to face no later than Monday, October 8, 2012 to go through their Exhibit Lists, stipulating, to the maximum extent possible, to as many exhibits as possible.

Both parties shall file a final revised exhibit list, which indicate stipulations, no later than Tuesday, October 16th, 2012.

ORDERED 7) The defense shall refile its Exhibit List in the format set forth it the Court's Revised Practice Standards.

Court's comments re jury instructions

ORDERED: 8) Defendant shall file its proposed jury instructions via CM/ECF no later than tomorrow.

ORDERED: 9) The parties shall file their own statement of the case instruction on CM/ECF by tomorrow.

ORDERED: 10) Plaintiff shall number his jury instructions as per the Court's Practice Standards, and file them via CM/ECF no later than Tuesday, October 9, 2012.

Court's comments concerning a criminal case which is also set for trial October 22, 2012 Court's comments re settlement Court's further comments If one party makes a motion for witness sequestration on the first day of trial, the Court will grant it. Stipulated exhibits may be used in opening statements.

ORDERED: 11) Counsel shall be present on Monday, October 22, 2012 at 8:00 a.m.

05:07 a.m. Court in Recess

Hearing concluded

Time: one hour and three minutes