Watson et al v. Dillon Companies, Inc. et al

Justia Dockets & Filings Tenth Circuit Colorado District Court Watson et al v. Dillon Companies, Inc. et al

Watson et al v. Dillon Companies, Inc. et al

Plaintiff:	Wayne Watson and Mary Watson
Defendant:	Dillon Companies, Inc., Inter-American Products, Inc., Kroger Co., The and John Doe Defendants 1-20
Case Number:	1:2008cv00091
Filed:	January 15, 2008
Court:	US District Court for the District of Colorado
Office:	Denver Office
County:	Arapahoe
Presiding Judge:	Walker D. Miller
Presiding Judge:	Craig B Shaffer
Nature of Suit:	Personal Inj. Prod. Liability
Cause of Action:	28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 4, 2014	Filing 930 ORDER that the Stipulation of Dismissal with Prejudice is adopted on Order of the Court. This Order does not affect any claims that Plaintiffs, Wayne and Mary Watson may have against any other party other than Dillon Companies, Inc., d/b/a King So opers, also d/b/a Inter-American Products, Inc.; Inter-American Products, Inc.; The Kroger Company, d/b/a King Soopers, also d/b/a Dillon Companies, Inc., also d/b/a Inter-American Products, Inc.; and Gilster-Mary Lee Corporation. Only any and all claims against Dillon Companies, Inc., d/b/a King Soopers, also d/b/a Inter-American Products, Inc.; Inter-American Products, Inc.; The Kroger Company, d/b/a King Soopers, also d/b/a Dillon Companies, Inc., also d/b/a Inter-American Products, Inc .; and Gilster-Mary Lee Corporation are DISMISSED WITH PREJUDICE by this Order. It is further ORDERED that each party to pay his/her/its own attorneys fees and costs and expenses incurred as a result of this litigation, by Judge Wiley Y. Daniel on 3/4/2014. (evana, )
January 9, 2014	Filing 920 ORDER granting 918 Motion to Stay Judgment Pending Appeal and for Approval of Supersedeas Bond. ORDERED that this Court APPROVES the supersedeas bond 919 filed January 6, 2014. Within 10 days of the date of this Order, the Defendants shall delive r the original bond to the Clerk of Court for the United States District Court for the District of Colorado for the Court's safekeeping and file an appropriate document with the Court confirming such delivery by Judge Wiley Y. Daniel on 01/09/14.(jjhsl, )
December 26, 2013	Filing 917 Third Amended Final JUDGMENT re: 911 by Clerk on 12/26/13. Approved as to form by Senior Judge Wiley Y. Daniel (jjhsl, )
December 23, 2013	Filing 916 ORDER. ORDERED that Defendants' Unopposed Motion to Amend the Second Amended Final Judgment Pursuant to Fed. R. Civ. P. 59 and 60 to Exclude Interest on Punitive Damages 913 is GRANTED. ORDERED that Plaintiffs' Unopposed Motion to Amend Second Amended Final Judgment Pursuant to Fed. R. Civ. P. 59 and 60 912 is GRANTED. The Clerk of the Court shall amend the Second Amended Final Judgment by Judge Wiley Y. Daniel on 12/23/13.(jjhsl, )
November 13, 2013	Filing 910 ORDER that Plaintiffs Renewed Motion for Costs and Correction of Pre- Judgment Interest Rate ECF No. 896 is GRANTED to the extent that pursuant to Colo. Rev. Stat. § 6-1-113(2)(b), costs are taxed in the amount of $387,189.33 against th e Defendants. The motion is also GRANTED to the extent that Plaintiffs are entitled to prejudgment interest at a rate of 9% per annum. The motion is DENIED in all other respects. It is FURTHER ORDERED that Defendant Dillon Companies' Uno pposed Motion to Amend Amended Final Judgment Pursuant to Fed. R. Civ. P. 60(a) ECF No. 909 is GRANTED. It is FURTHER ORDERED that the Clerk of the Court shall amend the Final Judgment consistent with this Order, by Judge Wiley Y. Daniel on 11/13/2013.(ervsl, )
September 13, 2013	Filing 904 MINUTE ORDER granting 901 Motion for Clarification of Deadlines for Posting Supersedeas Bond and Filing Notice of Appeal by Judge Wiley Y. Daniel on 09/13/13.(jjhsl, )
September 5, 2013	Filing 900 Amended Final Judgment by Clerk on 09/05/13. Approved as to form by Senior Judge Wiley Y. Daniel (jjhsl, )
August 28, 2013	Filing 899 ORDER. ORDERED that Plaintiffs Motion for Attorney Fees and Costs Pursuant to Colo. Rev. Stat. § 6-1-113 (ECF No. 826) is GRANTED to the extent that Plaintiffs are awarded attorney fees in the amount of $826,500 against the Defendants. The request for costs is DENIED WITHOUT PREJUDICE in light of the Clerk of the Court's Order Taxing Costs in the amount of $38,439.78 by Judge Wiley Y. Daniel on 08/28/13. (jjhsl, )
August 20, 2013	Filing 895 ORDER granting 894 Motion to Clarify by Judge Wiley Y. Daniel on 08/20/13.(jjhsl, )
August 8, 2013	Filing 892 MINUTE ENTRY for Evidentiary Motions Hearing held before Judge Wiley Y. Daniel on August 8, 2013: ORDERED: The Defendants Dillon Companies' Motion to Alter or Amend Final Judgment Pursuant to Fed.R.Civ.P. 59 And 60 815 is GRANTED as follows: The non-economic award for Plaintiffs against Defendant Gilster-Mary Lee is reduced from 800,000 to 366,250. The amounts that will be awarded in favor of Plaintiffs against Defendant Gilster-Mary Lee are: total economic damages, 534,368.80; non-eco nomic damages, 366,250; physical impairment, 360,000; for a total of 1,260,618.80. Punitive damages are reduced, in favor of the Plaintiffs against Defendant Gilster-Mary Lee in the amount of 1,260,618.80.The Court will enter a written order se tting forth its findings. ORDERED: Plaintiffs' Motion for Trebling Damages Under C.R.S. § 6-1-113 817 is DENIED. The Court will enter a written order setting forth its findings. ORDERED:The portion of Plaintiffs' Motion for Attorney Fees and Costs Pursuant to CRS § 6-1-113 826 that requests costs IS DENIED WITHOUT PREJUDICE. The Clerk's Office has come up with a cost award of $38,439.78 865 . If Plaintiffs wish the Court to consider a higher cost awarded, they will have to file a supplemental document and then the defendants will be allowed to respond. ORDERED:The Motions are taken under advisement.Hearing concluded. Court Reporter: Mary George. (wjmcd, )
April 10, 2013	Filing 871 ORDER denying 823 Defendants Dillon Companies' Renewed Motion for Judgment as a Matter of Law; denying 824 Defendant Gilster-Mary Lee's Corporation's Renewed Motion for Judgment; and denying 825 Defendants' Motion for Entry of Judgment as a Matter of Law as to Entire Case, or Alternatively, for a New Trial Motion for Judgment as a Matter of Law By Judge Wiley Y. Daniel on 4/10/13.(mjgsl, )
October 25, 2012	Filing 836 MINUTE ORDER granting 835 Motion to Withdraw. Document [832 is hereby WITHDRAWN by Chief Judge Wiley Y. Daniel on 10/25/12.(jjhsl, )
October 19, 2012	Filing 820 MINUTE ORDER striking 817 Motion to Alter or Amend the Court's September 26, 2012 Judgment for Purposes of Increasing the Punitive Damages Ratio by Chief Judge Wiley Y. Daniel on 10/19/12.(jjhsl, )
September 26, 2012	Filing 812 FINAL JUDGMENT re: 809 , by Clerk on 9/26/12. (sgrim)
September 19, 2012	Filing 811 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS entered by Chief Judge Wiley Y. Daniel on 9/19/12. (wydcd, rrk)
September 17, 2012	Filing 807 MINUTE ENTRY for Jury Trial (Day 10) held on 9/17/2012 proceedings held before Chief Judge Wiley Y. Daniel. Denying 802 Motion for Directed Verdict. Denying Defendants' oral motion for judgment as a matter of law. Court Reporter: Tammy Hoffschildt. (wydcd, rrk)
September 6, 2012	Filing 781 ORDER granting 778 Motion to Dismiss With Prejudice All Claims Against Defendant Birds Eye Foods, Inc. Each party to pay its own attorney fees and costs by Chief Judge Wiley Y. Daniel on 09/06/12.(jjhsl, )
August 30, 2012	Filing 773 ORDER. ORDERED that Plaintiffs shall file a substantially reduced list that complies with my prior orders not later than 9/4/12 at 8:00 a.m. Unless a compliant exhibit list is filed, Plaintiffs' Amended Exhibit List 765 will be stricken from the record, by Chief Judge Wiley Y. Daniel on 8/30/12. (sgrim)
August 29, 2012	Filing 771 ORDER. On Tuesday, September 4, 2012, prior to the commencement of jury selection in this matter, the parties shall be prepared to discuss these issues and how they may impact the trial by Chief Judge Wiley Y. Daniel on 08/29/12. (jjhsl, )
August 3, 2012	Filing 756 ORDER Compelling Production of Documents and Related Items by Cantox Health Sciences International and Earle Nestmann, Ph.D. by 08/15/12 by Chief Judge Wiley Y. Daniel on 08/03/12. (jjhsl, )
June 22, 2012	Filing 725 ORDER. ORDERED that the Kroger Defendants' request for leave to file a motion in limine regarding the admissibility of the Innova Model 1312 Photoacoustic Multi-Gas Monitor and related testing is DENIED by Chief Judge Wiley Y. Daniel on 06/22/12. (jjhsl, )
June 7, 2012	Filing 721 ORDER. ORDERED that Defendants' supplemental Fed. R. Evid. 702 and Daubert challenge of Dr. Cecile Rose is DENIED. Dr. Rose is permitted to testify at trial concerning her medical opinion as to the cause of Plaintiff's lung disease that she formed during the course of Plaintiff's treatment by Chief Judge Wiley Y. Daniel on 06/07/12. (jjhsl, )
April 16, 2012	Filing 715 MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Motion Hearing held on 4/16/2012. The court GRANTS 698 Motion to Strike. (FTR: Robin Mason) (cbscd, )
March 12, 2012	Filing 691 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Motion Hearing held on 3/12/2012. Granting 687 Plaintiffs' Motion for Protective Order Precluding and Preventing Attempted Improper Out-Of-Time Fact Discovery by Defendants and for Emergency Telephonic Hearing Thereon. The subject Subpoenas are quashed. (Court Reporter: FTR - Ellen E. Miller) (mjwcd)
June 27, 2011	Filing 653 ORDER granting 651 Defendants' Joint Motion for Leave to File Joint Supplemental Reply to Plaintiff's Opposition to Defendants' Joint Motion to Exclude. By Judge Walker D. Miller on 6/27/11.(mnf, )
June 22, 2011	Filing 652 ORDER. The 572 Joint Motion for Summary Judgment is denied. The 567 Joint Motion to Exclude General Causation Testimony and the 569 Joint Motion to Exclude Specific Causation Testimony of Plaintiffs' Expert Allen Parmet are denied. The [5 70] Joint Motion to Exclude Specific Causation of Plaintiffs' Expert Cecile Rose is denied without prejudice. The 568 Joint Motion to Exclude Specific Causation Testimony of Plaintiffs' Expert David Egilman is granted with respect to Dr. Egilman's opinions regarding a minimal threshold exposure level sufficient to cause injury. The motion is otherwise denied. By Judge Walker D. Miller on 6/22/11.(mnfsl, )
June 10, 2011	Filing 646 MINUTE ORDER. The 645 motion to withdraw subpoena is granted; the 644 motion to quash is moot. By Judge Walker D. Miller on 6/10/11.(mnf, )
June 7, 2011	Filing 642 ORDER granting in part and denying in part 635 Plaintiffs' Motion for Leave to Present Testimony of Treating Physician Dr. Cecile Rose by way of Deposition at Daubert Hearing or, in the Alternative, to Hold Hearing Open, or in Second Alternati ve to Reschedule Hearing. Plaintiffs may present Dr. Rose's testimony by way of deposition without prejudice to an order reconvening the Daubert hearing should additional testimony be required. Plaintiffs' alternative request to reschedule the hearing is denied. By Judge Walker D. Miller on 6/7/11.(mnf, )
June 2, 2011	Filing 634 ORDER REGARDING COMMUNICATION WITH COURT. The 619 Order requires the presence of any expert witness whose opinion is challenged to be available for live cross-examination. It appears from Plaintiffs' correspondence that Plantiffs seek some kind of relief from this order. If so, they should file a motion pursuant to normal procedures. By Judge Walker D. Miller on 6/2/11. (mnf, )
May 26, 2011	Filing 632 MINUTE ORDER granting in part and denying in part 631 plaintiffs' motion to file oversized statements. The expert reports are limited to 20 pages per expert. By Judge Walker D. Miller on 5/26/11.(mnf, )
March 16, 2011	Filing 630 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: A Motion Hearing was held on 3/16/2011. ORDERED: Birds Eye Foods, Inc.'s Motion for Leave to File Fifth Designation of Non-Parties at Fault Out of Time, doc # 624 , is GRANTED IN PART AND DENIED IN PART. By Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (cbscd)
February 14, 2011	Filing 621 NOTICE OF DISMISSAL OF CERTAIN THIRD-PARTY CLAIMS ONLY re: 620 Stipulation for Dismissal in accordance with Fed. R. Civ. P. 41(a)(1)(A)(ii). The third-party complaint of Gilster-Mary Lee Corporation against Bridgewater, Inc. is dismissed with prejudice, each party to pay his or its own costs and attorneys' fees, by Judge Walker D. Miller on 2/14/11. (mnf, )
January 27, 2011	Filing 619 ORDER Regarding Procedures for Hearing on Motions to Exclude Testimony, by Judge Walker D. Miller on 1/27/11. (mnf, )
December 28, 2010	Filing 616 MINUTE ORDER granting 596 Defendant Flavor's Motion to Terminate Party, by Judge Walker D. Miller on 12/28/10.(ebs, )
November 4, 2010	Filing 606 NOTICE OF DISMISSAL AS TO CERTAIN CLAIMS ONLY. The Third-Party Plaintiff Gilster-Mary Lee Corporation and Third-Party Defendant Chemical Technologies International, Inc. have filed a Stipulation for Dismissal in accordance with Fed. R. Civ. P. 41(a) (1)(A)(ii). Accordingly, the third-party complaint of Gilster-Mary Lee Corporation is dismissed with prejudice, against Chemical Technologies, Inc., each party to pay his or its own costs and attorneys fees. By Judge Walker D. Miller on 11/03/2010. (sah, )
September 13, 2010	Filing 566 MINUTE ORDER: The Joint Motions for Summary Judgment ( 561 , 562 , 563 , 564 , and 565 ) are stricken for failure to comply with D.C.Colo.LCivR 56.1A. Counsel are further ordered to file one single joint consolidated motion and memorandum not to exceed 30 pages, by Judge Walker D. Miller on 9/13/10.(ebs, )
June 30, 2010	Filing 529 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Motion Hearing was held on 6/30/2010. ORDERED: Plaintiffs' Motion for Leave to Amend Complaint and Add Claim of Exemplary and Punitive Damages as Against Defendant Gilster-Mary Lee Corporation, doc # 502 is GRANTED TO THE EXTENT THAT PLAINTIFFS' PRAYER FOR RELIEF IS AMENDED TO INCLUDE A REQUEST FOR PUNITIVE DAMAGES by Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
June 29, 2010	Filing 528 ORDER granting 513 Plaintiffs' Unopposed Motion to Dismiss with Prejudice All Claims Against Defendants International Flavors & Fragrances, Inc., and Bush Boake Allen, Inc. All claims asserted by Plaintiffs against Defendants International Flavors & Fragrances, Inc., and Bush Boake Allen, Inc. are dismissed with prejudice. The parties shall pay their own fees and costs, by Judge Walker D. Miller on 6/29/10.(ebs, )
June 7, 2010	Filing 517 NOTICE OF DISMISSAL OF THIRD-PARTY COMPLAINT ONLY pursuant to the 516 Motion to Dismiss Third-Party Complaint Against Bridgepoint Systems, Inc., Chemical Technologies International, Inc., and John Doe Defendants 1-10. The third-party complaint for contribution against third-party defendants is dismissed without prejudice, each party to pay his or its own costs and attorneys fees, by Judge Walker D. Miller on 6/7/10.(ebs, )
June 3, 2010	Filing 515 NOTICE OF DISMISSAL of International Flavors & Fragrances, Inc. and Bush Boake Allen, Inc. Only: This case is dismissed with prejudice as to these defendants only, each party to pay his or its own costs and attorneys' fees, by Judge Walker D. Miller on 6/3/10. (ebs, )
January 21, 2010	Filing 489 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 1/21/2010. ORDERED: Birds Eye Foods, Inc.'s Motion for Leave to File Fourth Designation of Non-Parties at Fault Out of Time, doc # 462 , filed 1/8/2010 is GRANTED; Kroger Defendants' and Defendant Gilster-Mary Lee Corporations Motion for Leave to File Third Designation of Non-Parties at Fault Out of Time, doc # 463 , filed 1/8/2010 is GRANTED; Bush Boake Allen, Inc.&# 039;s Motion for Leave to File Designation of Non-Parties at Fault Out of Time, doc # 466 , filed 1/11/2010 is GRANTED; International Flavors & Fragrances, Inc.'s Motion for Leave to File Designation of Non-Parties at Fault Out of Time, doc #[46 7], filed 1/11/2010 is GRANTED. The parties shall submit a schedule of depositions by 5:00 p.m. on JANUARY 25, 2010. Joint Motion of Birds Eye Foods, Inc. And Gilster-Mary Lee Corporation for Extension of Time to Designate Affirmative Experts, doc # 464 is HELD IN ABEYANCE by Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
December 17, 2009	Filing 461 AMENDED NOTICE OF DISMISSAL of Claims Between FONA International, Inc. and Flavor Concepts, Inc., Berje, Inc., Polarome International, Inc., Citrus & Allied Essences, Ltd., Phoenix Aromas & Essential Oils, Centrome, Inc. and O'Laughlin Industries, Inc. re: 458 Notice of Dismissal. All claims against and between these parties are dismissed with prejudice, each party to pay his or its own costs and attorneys' fees, by Judge Walker D. Miller on 12/17/09. (ebs, )
December 16, 2009	Filing 460 NOTICE OF DISMISSAL OF FLAVOR CONCEPTS, INC. ONLY pursuant to the 456 Stipulation for Dismissal With Prejudice in accordance with Fed. R. Civ. P. 41(a)(2). Defendant Flavor Concepts, Inc. is dismissed with prejudice, each party to pay his or its own costs and attorneys' fees, by Judge Walker D. Miller on 12/16/09.(ebs, )
December 15, 2009	Filing 459 NOTICE OF DISMISSAL OF FONA'S CLAIMS AGAINST CARPET TECHNOLOGIES, INC. AND BRIDGEWATER, INC. pursuant to the Stipulation for Dismissal With Prejudice in accordance with Fed. R. Civ. P. 41(a)(2). Defendant FONA International, Inc.'s claims against these third-party defendants are dismissed with prejudice, each party to pay his or its own costs and attorneys' fees, by Judge Walker D. Miller on 12/15/09. (ebs, )
November 16, 2009	Filing 450 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Discovery Hearing held on 11/16/2009. ORDERED: Plaintiffs' Motion for Protective Order # 447 is GRANTED subject to the following protocol: To the e xtent that depositions were noticed in this case 08-cv-00091-WDM-CBS, the questioning of deponents will proceed as follows: Counsel for the Watsons will be allowed to conduct an initial inquiry. At the conclusion of Plaintiffs' initial inquiry, counsel for Defendants in this case will be allowed to conduct a cross-examination, or further inquiry, limited to issues and facts specifically relevant to this case. At the conclusion of that further inquiry, counsel for the Watsons will be allow ed to conduct any additional inquiry they think is appropriate in light of the examination taken by defense counsel or Third Party Defendants. At the conclusion of that examination, if there is any time left within the presumptive 7 hours, and if Gi lster-Mary Lee does not interpose an objection, the court will allow an examination to the facts and issues in other cases, but that ancillary examination will only go forward: (1) If there is any time left in the presumptive 7 hours, and (2) If Gilster-Mary Lee or the deponent does not interpose an objection or seek relief under Rule 26 (c) by Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
October 23, 2009	Filing 444 Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: granting 434 Motion for Leave; Discovery Hearing held on 10/23/2009. Dispositive Motions due by 6/7/2010, That all fact depositions shall be done up to and including Januar y 31, 2010, and all other deadlines remain in place, That all experts shall be designated on or before May 5, 2010, Final Pretrial Conference set for 8/23/2010 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. (Court Reporter FTR: Ginny Kramer) (gkram) Modified on 10/26/2009 to correct typographical error (ebs, ).
October 14, 2009	Filing 441 ORDER granting 312 , 320 , and 322 Motions to Dismiss filed by Third Party Defendants Polarome International, Inc., O'Laughlin Industries, Inc., and Centrome, Inc., d/b/a Advanced Biotech. The claims against these third party defendants are dismissed without prejudice for lack of jurisdiction, by Judge Walker D. Miller on 10/14/09.(ebs, )
October 9, 2009	Filing 439 ORDER granting 185 , 200 , 225 , 242 , 309 , and 315 Motions to Dismiss filed by Third Party Defendants Polarome International, Inc., O'Laughlin Industries, Inc., Centrome, Inc., d/b/a Advanced Biotech, and Phoenix Aromas & Essential Oils, Inc. The claims against these third party defendants are dismissed without prejudice for lack of jurisdiction, by Judge Walker D. Miller on 10/9/09.(ebs, )
September 1, 2009	Filing 431 MINUTE ORDER granting 429 Third Party Defendant Centrome, Inc's Motion for Leave to File its Second Designation Out of time. Second Designation tendered 9/1/09 is accepted for filing, by Magistrate Judge Craig B. Shaffer on 9/1/09.(gmssl, )
August 31, 2009	Filing 425 MINUTE ORDER granting 421 FONA International's Motion for Clarification Regarding FONA's Non-Party Designation of Givaudan. Non-party at Fault Designation is accepted by the Court as of the date it was filed. Granting 423 Third Party Defendant Phoenix Aroma and Essential Oil's Motion for Leave to File Designation of Nonparty at Fault Out of Time. Designation tendered 8/31/09 is accepted for filing as of the date of this order, by Magistrate Judge Craig B. Shaffer on 8/31/09.(gms, )
August 19, 2009	Filing 411 MINUTE ORDER granting 362 Defendant Birds Eye Foods, Inc.'s Motion for Extension of Time to Respond to Defendant FONA International's Interrogatories and Requests for Production. Defendant Flavor Concepts, Inc.s Motion for Leave to File Second Designation of Nonparty at Fault Out of Time 369 is granted. Defendant Flavor Concepts, Inc.s Second Designation of Nonparty at Fault [369-2], is accepted for filing as of the date of this order. Plaintiffs Unopposed Motion to Extend Deadl ine by Which to Answer Defendant FONA International, Inc.s Second Interrogatories to Plaintiff and Second Request for Production of Documents 372 is granted. Third-Party Defendant Bridgewater, Inc.s Motion for 7-Day Enlargement of Time to Bring Di sputes Concerning Written Discovery to the Courts Attention 379 is granted. Third-Party Defendant Berje Incorporateds Motion for Leave to File Second Amended Designation of Non-Party at Fault 385 is granted. The Second Amended Designation Pursu ant to Colo. Rev. Stat. 13-21-111.5 [385-2], is accepted for filing as of the date of this order. Third-Party Defendant Polarome International Inc.s Motion for Leave to File Second Designation of Nonparty at Fault Out of Time 387 is granted. Third -Party Defendant Polarome International Inc.s Second Designation of Nonparty at Fault [387-2], is accepted for filing as of the date of this order. Defendant Birds Eye Foods, Inc.s Motion for Leave to File Designation of Nonparty at Fault Out of Tim e 390 is granted. Defendant Birds Eye Foods, Inc.s Designation of Nonparty at Fault [390 at pages 11-19], is accepted for filing as of the date of this order. Defendant International Flavors & Fragrances, Inc.s Motion for Leave to File Designation of Non-Party at Fault Out of Time 394 is granted. The Designation of Non-Party at Fault by International Flavors & Fragrances, Inc [394-2], is accepted for filing as of the date of this order. Defendant Bush Boake Allen, Inc.s Motion for Leave t o File Designation of Non-Party at Fault Out of Time 395 is granted. The Designation of Non-Party at Fault By Bush Boake Allen, Inc. [395-2], is accepted for filing as of the date of this order. Third-Party Defendant O'Laughlin Industries Co ., Ltd.s Unopposed Motion for Leave to File Nonparty Designations Pursuant to Colo. Rev. Stat. 13-21- 111.5 402 is granted. Third-Party Defendant O'Laughlin Industries Co., Ltd.s Second Nonparty Designations Pursuant to Colo. Rev. Stat. 13-21 -111.5 [402-2], is accepted for filing as of the date of this order. Defendants Dillon Companies, Inc., d/b/a King Soopers, Inter-American Products, Inc., The Kroger Co., and Gilster-Mary Lee Corporations Motion for Leave to File Second Designation of Non-Parties at Fault Out of Time 407 is granted. The Kroger Defendants and Defendant Gilster-Mary Lee Corporations Second Designation of Non-Parties at Fault Pursuant to C.R.S. § 13-21-111.5(3)(b) [407-2], is accepted for filing as of the date of this order, by Magistrate Judge Craig B. Shaffer on 8/19/09.(ebs, )
August 4, 2009	Filing 367 ORDER granting 361 Motion to Dismiss Third Party Complaint of Givaudan Flavors Corporation for Contribution Against Bridgepoint Systems, Inc., Chemical Technologies International, and John Doe Defendants 1-10. This Third Party Complaint is dismissed without prejudice. Parties to bear their own attorneys' fees and costs, by Judge Walker D. Miller on 8/4/09.(gmssl, )
August 3, 2009	Filing 356 NOTICE OF DISMISSAL (ORDER) Court takes judicial notice of 352 Stipulation for Dismissal and Defendant Givaudan Flavors Corporation is dismissed with prejudice, each party to pay their own costs and attorneys' fees, by Judge Walker D. Miller on 8/3/09.(gms, )
July 21, 2009	Filing 350 MINUTE ORDER granting 282 Motion for Leave; granting 283 Motion for Extension of Time. A review of the docket and file in this matter indicates that no objections or responses have been filed in compliance with the 293 Courtroom Minutes/Minute Order entered on June 17, 2009. Therefore, IT IS ORDERED that both instant motions are treated as unopposed and hereby GRANTED, by Magistrate Judge Craig B. Shaffer on 7/21/09.(cbssec)
July 17, 2009	Filing 348 PROTECTIVE ORDER - Modification #1, by Magistrate Judge Craig B. Shaffer on 7/17/09. (gms, )
July 16, 2009	Filing 341 MINUTE ORDER denying 338 Motion to Amend Previously filed Brief in Opposition to Apply to Third-Party Defendant O'Laughlin Industries, Inc.'s Motion to Dismiss FONA International, Inc.'s First Amended Third Party Complaint. Granting 332 Flavor Concepts, Inc.'s Unopposed Motion for Extension of Time to Respond to 312 Centrome, Inc.'s Motion to Dismiss Flavor Concepts, Inc.'s Third-Party Complaint, to on or before 8/17/09, by Magistrate Judge Craig B. Shaffer on 7/16/09.(ebs, )
July 7, 2009	Filing 325 MINUTE ORDER granting the Third party defendant's Motion to Amend/Correct/Modify 324 by Judge Walker D. Miller on 7/7/2009.(gkram) (Modified on 7/8/2009 corrected linkage)(erv2, ).
June 17, 2009	Filing 293 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer. Discovery Hearing held on 6/17/2009. ORDERED: Deposition set for 6/22/09 shall go forward. Fna shall order an expedited transcript. Fona shall file a r esponse to doc 200 on or before July 1, 2009. ORDERED: Motion for Extension of Time 275 is GRANTED. ORDERED: Fona's Unopposed Motion 277 is GRANTED. Doc [277-2] is deemed filed as of today's date. ORDERED: Flavor Concepts Unoppose d Motion 278 is GRANTED. Doc [278-2] is deemed filed as of today's date. ORDERED: Plaintiff shall file a response to doc 282 on or before July 6, 2009. ORDERED: Plaintiff shall file a response to doc 283 on or before July 6, 2009. ORDERED: Motion to Amend Answer 288 is GRANTED. Doc [288-2] is deemed filed as of today's date. (Court Reporter FTR - Linda Kahoe) (cbscd)
June 9, 2009	Filing 270 MINUTE ORDER granting 263 FONA International's Motion to Modify Deadline for Filing Response to Third Party Defendant Polarome International's Motion to Dismiss for Lack of Personal Jurisdiction to 7/13/09. Granting 268 Third Party Defendant Gilster-Mary Lee's Unopposed Motion for Leave to File Third Party Complaint. Third party complaint tendered 6/8/09 is accepted for filing as of the date of this order, by Magistrate Judge Craig B. Shaffer on 6/9/09.(gms, )
May 27, 2009	Filing 261 MINUTE ORDER Granting 254 Defendant Citrus & Allied Essences, Ltd's Motion to Withdraw Without Prejudice, 158 Defendant Citrus & Allied Essences, Ltd's Motion to Dismiss, by Judge Walker D. Miller on 5/27/09.(gmssl, )
May 15, 2009	Filing 245 Minute ORDER granting 240 Unopposed Motion for Leave to File Third-Party Complaint. Third Party complaint is accepted for filing, by Magistrate Judge Craig B. Shaffer on 5/15/09.(gms, )
April 28, 2009	Filing 230 Minute ORDER granting 210 Unopposed Motion for Leave to File Third-Party Complaint of Givaudan Flavors Corporation, by Magistrate Judge Craig B. Shaffer on 4/28/09.(gmssl, )
April 8, 2009	Filing 221 NOTICE (ORDER) OF DISMISSAL OF THIRD PARTY CLAIMS ONLY: Third-party plaintiff Fona International, Inc. and third-party defendant Sun Brite, Inc. have filed a Stipulation for Dismissal Without Prejudice in accordance with Fed. R. Civ. P. 41(a)(2). The third-party complaint as to these parties only is dismissed without prejudice, each party to pay his or its own costs and attorneys fees by Judge Walker D. Miller on 04/08/2009. (sah, )
February 11, 2009	Filing 138 Minute ORDER granting 136 Motion to Withdraw as Counsel for Defendant Birds Eye Foods, Inc. Attorneys Robert C. Troyer and Nicholas P. Heinke are relieved from further representation of Defendant Birds Eye Foods. Finding as moot 134 Motion to Withdraw as Counsel, by Magistrate Judge Craig B Shaffer on 2/11/09.(gms, )
January 7, 2009	Filing 117 ORDER denying without prejudice 36 Motion to Dismiss filed by Defendant FONA International, Inc. Signed by Judge Walker D. Miller on 1/7/09.(gmssl, )

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Search for this case: Watson et al v. Dillon Companies, Inc. et al
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Plaintiff: Wayne Watson
Represented By:	Kenneth B. McClain
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Plaintiff: Mary Watson
Represented By:	Kenneth B. McClain
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Defendant: Dillon Companies, Inc.
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Defendant: Inter-American Products, Inc.
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Defendant: Kroger Co., The
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Defendant: John Doe Defendants 1-20
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