Opinion
Civil Action No. 08-cv-02750-MSK-KMT
02-01-2012
Parties: XTREME COIL DRILLING COMPANY, Plaintiff, v. ENCANA OIL & GAS (USA), INC., ET AL., PACIFIC RIM ENGINEERED PRODUCTS, LTD., and 1297835 ALBERTA LTD., d/b/a Mayco Industries Group, Defendants.
Courtroom Deputy: Patricia Glover
Court Reporter: Paul Zuckerman
Counsel Appearing:
Laurin Quiat Cory Curtis
Paul Lopach Steve Gurr
COURTROOM MINUTES
HEARING: Final Pretrial Conference.
9:12 a.m. Court in session.
Parties are present. Kyle Swingle and Brett Cole as representatives of plaintiff and Scott Regan as defendants' representative are present.
The Court addresses Plaintiff's Motion In Limine Regarding Allegedly Positive Drug Tests (Doc. #184).
No further argument.
ORDER: Plaintiff's Motion In Limine Regarding Allegedly Positive Drug Tests (Doc. #184) is DENIED with leave to renew at time of trial.
The Court addresses Plaintiff's Motion In Limine Regarding Product Liability Evidence (Doc. #185).
No further argument.
ORDER: Plaintiff's Motion In Limine Regarding Product Liability Evidence (Doc. #185) is GRANTED in part and DENIED in part as set forth in the record.
The Court addresses Plaintiff's Motion In Limine Regarding Defendant's Failure to Mitigate Affirmative Defense (Doc. #186).
Argument.
ORDER: Plaintiff's Motion In Limine Regarding Defendant's Failure to Mitigate Affirmative Defense (Doc. #186) is DENIED with leave to renew if appropriate.
The Court addresses Plaintiff's Motion In Limine Regarding Defenses of Setoff, etc (Doc. #187).
Argument.
ORDER: Plaintiff's Motion In Limine Regarding Defenses of Setoff, etc (Doc. #187) is DENIED.
The Court addresses Defendant's Motion In Limine to Exclude Evidence of Plaintiff's "Fire Resistant Clothing" Invoices (Doc. #188).
Argument.
ORDER: Defendant's Motion In Limine to Exclude Evidence of Plaintiff's "Fire Resistant Clothing" Invoices (Doc. #188) is DENIED with leave to renew at time of trial.
The Court addresses Defendant's Motion In Limine to Exclude Evidence of Plaintiff's Rate Revision Invoices (Doc. #191).
Argument.
ORDER: Defendant's Motion In Limine to Exclude Evidence of Plaintiff's Rate Revision Invoices (Doc. #191) is DENIED as moot. The Court addresses time needed for trial.
Review of the proposed final pretrial order - matters addressed:
Claims
Defenses
Stipulated Facts
Witness List
Exhibit List
Anticipated motions
Trial length, trial process, technology training, evidentiary issues and any questions posed by counsel.
ORDER: Pertinent to trial process: The trial will be set for five (5) days to a jury. The parties will be allotted 10.5 hours per side to use however they wish (openings/closings, presentation of evidence). The time will be tracked by the Courtroom Deputy on the chess clock.
The Court addresses setting the matter for trial.
10:13 a.m. Court in recess
10:22 a.m. Court in session
ORDER: Jury trial (5 days) is set September 10, 2012 at 9:00 a.m., in Courtroom A901, 901 19th Street, Denver, Co. The trial will not be continued for any reason.
ORDER: The proposed Final Pretrial Order (Doc. # 217) is APPROVED. Proposed voir dire will be filed by March 2, 2012. No further motions will be filed prior to trial.
10:25 a.m. Court in recess.
Total Time: 1 hour 4 minutes.
Hearing concluded.