Opinion
Civil Action No: 09-cv-01000-WYD-MEH
10-11-2011
RICHARD MADDOX, Plaintiff, v. STEPHEN VENEZIO, Defendant.
James M. Leventhal Molly L. Greenblatt James E. Puga Lorraine E. Parker Gary L. Palumbo Peter M. Spiessbach
CHIEF JUDGE WILEY Y. DANIEL
Courtroom Deputy: Robert R. Keech
E.C.R./Reporter: Therese Lindblom
Counsel:
James M. Leventhal
Molly L. Greenblatt
James E. Puga
Lorraine E. Parker
Gary L. Palumbo
Peter M. Spiessbach
COURTROOM MINUTES
TRIAL PREPARATION CONFERENCE
3:26 p.m. Court in Session
APPEARANCES OF COUNSEL.
Court's opening remarks.
3:27 p.m. Discussion regarding counsel who will try the case starting on November 7, 2011.
ORDERED: Parties shall meet, confer, and submit revised jury instructions with a joint statement of the case not later than Friday, October 21, 2011.
ORDERED: Parties shall file revised exhibit lists not later than Friday, October 21, 2011.
3:34 p.m. Discussion and argument regarding pending motions.
ORDERED: Plaintiff's Motion to Exclude Defendant's Expert Witness Thomas Feiereisen, P.E. (ECF Doc. #96), filed March 11, 2011, is DENIED.
ORDERED: Defendant's Motion in Limine Re: Drug Use (ECF Doc. #102), filed August 16, 2011, is DENIED AS MOOT.
ORDERED: Defendant's Motion in Limine Re: Defendant's Departure from Employment (ECF Doc. #103), filed August 16, 2011, is DEFERRED.
ORDERED: Defendant's Motion in Limine Re: Accepting Responsibility for the Accident (ECF Doc. #104), filed August 16, 2011, is DENIED.
ORDERED: Defendant's Motion in Limine Re: Evidence of Whether Venezio Has Ever Seen a Jaywalker or Has Jaywalked Himself (ECF Doc. #105), filed August 16, 2011, is DENIED.
ORDERED: Defendant's Motion in Limine Re: Defendant's Decision Not to Contact Virginia Maddox Following the Accident (ECF Doc. #106), filed August 16, 2011, is DEFERRED.
ORDERED: Counsel shall not mention this issue in their opening statements.
ORDERED: Defendant's Motion in Limine Re: Bumper Sticker and License Plate Holder on the Vehicle Driven by Venezio (ECF Doc. #107), filed August 17, 2011, is GRANTED.
ORDERED: Defendant's Motion in Limine Re: Defendant's Definition of Careless, Careless Driving, or Dangerous Driving (ECF Doc. #108), filed August 17, 2011, is DEFERRED.
ORDERED: Defendant's Motion in Limine Re: Reference to Venezio's Liability Insurer (ECF Doc. #109), filed August 17, 2011, is GRANTED as outlined by the Court.
ORDERED: Defendant's Motion in Limine Re: Evidence Concerning Dr. Quintero's IME Policies (ECF Doc. #110), filed August 18, 2011, is DENIED AS MOOT.
ORDERED: Defendant's Motion in Limine Re: Dr. Quintero's Opinions in Other Cases (ECF Doc. #111), filed August 18, 2011, is DENIED.
4:02 p.m. Court outlines jury selection process and peremptory challenges.
4:04 p.m. Discussion regarding time limits for opening statements.
ORDERED: Opening statements shall not exceed thirty-five (35) minutes per side.
4:05 p.m. Discussion and argument regarding issue related to plaintiff's witness Dr. Mohit Negi.
ORDERED: Court will allow Dr. Mohit Negi to testify at trial and Plaintiff shall make him available for a deposition prior to trial.
4:23 p.m. Discussion regarding a possible motion for reconsideration on the motion for summary judgment as it relates to jaywalking.
4:29 p.m. Discussion regarding designation of deposition testimony.
4:30 p.m. Court in Recess - HEARING CONCLUDED
TOTAL TIME: 1:04