Watkins et al v. Action Care Ambulance, Inc.
Case Number: 1:2007cv02598
Filed: December 13, 2007
Court: US District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Marcia S. Krieger
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
September 28, 2011 Opinion or Order Filing 307 Stipulation and ORDER Reagarding Custody of Exhibits and/or Depositions by Judge William J. Martinez on 9/28/2011. (erv, )
September 27, 2011 Opinion or Order Filing 306 MINUTE ENTRY for Jury Trial - Day Seven held before Judge William J. Martinez on September 27, 2011. ORDERED: Plaintiffs' Motion to Submit Curative/Explanatory Instruction Re: Witness Vellman 302 is GRANTED. Trial continued. (Court Reporter: Gwen Daniel) (wjmcd, )
September 14, 2011 Opinion or Order Filing 290 ORDER GRANTING 242 Plaintiffs Motion in Limine to the extent it seeks to exclude evidence related to Mr. Watkins's remarriage. by Judge William J. Martinez on 9/14/2011. (erv, )
September 9, 2011 Opinion or Order Filing 275 ORDER granting in part and denying in part 231 Plaintiffs Rule 702 Motion by Judge William J. Martinez on 9/9/2011.(erv, )
September 8, 2011 Opinion or Order Filing 276 MINUTE ENTRY for Trial Preparation Conference held before Judge William J. Martinez on September 8, 2011: ORDERED:1) On or before Wednesday, September 14, 2011, counsel shall submit hard copies of deposition designations, with Plaintiffs' design ations highlighted in yellow, and Defendant's designations highlighted in blue. Any objections by either party to the designations shall be highlighted in red, with a notation as to the basis for the objection. ORDERED: 2) The Defendant has unt il the close of business tomorrow, Friday, September 9, 2011, to submit a proposed verdict form or forms by ECF filing and e-mailing to chambers. ORDERED:3) The Plaintiffs have until the close of business tomorrow to submit jury instruction 9:26 via CM/ECF, with a notation that it is a stipulated jury instruction as to which leave to file has been granted by the Court. ORDERED:4) Plaintiffs' disputed jury instruction 9:25 has been withdrawn. ORDERED: 5) No trial briefs shall be submitted. ORDERED: 6)Mr. Hillyard will call chambers by the middle of next week and advise the Court of his decision regarding whether and if so for what period of time the minor Plaintiffs will be seated at counsel table during trial. ORDERED: 7) Defendant is granted leave to file an amended final exhibit list on or before Tuesday, September 13, 2011, to include Exhibit Nos. 70, 73, 75, 84, 87, 89 as Defendant's exhibits, and labeled as such. ORDERED: 8) The testimony of Heath Jolliff, M.D., via vi deo conference, shall start at 8:45 a.m. Mountain time.ORDERED: 9) With respect to the two incidents Mr. Waltz has raised, Mr. Waltz shall request to approach the bench before any questions are propounded concerning the incidents. ORDERED: 10) Plain tiffs' Motion in Limine 242 is GRANTED IN PART AND DENIED IN PART as follows:Because the Court has previously ruled that there was no duty to communicate Mrs. Watkins' statements regarding wanting to jump from a moving vehicle, the Court finds that the June 3, 2007 and June 20, 2007 statements should not be admitted into evidence. The Court finds that these statements are not relevant to the issues in this case within the meaning of Federal Rule of Evidence 401 and should therefore be excluded on the basis of Federal Rule of Evidence 403. Therefore, Plaintiffs' Motion in Limine requesting that Mrs. Watkins' June 3, 2007 and June 20, 2007 statements, and evidence of those statements be excluded from the trial in this case is GRANTED; The Court finds that evidence regarding the standard of care of Melissa Watkins at Parker Adventist Hospital, whether she should have been transported by the sheriff, and the regulatory and statutory guidelines governing the care of mentally ill individuals at medical facilities are not relevant to the issues in this case within the meaning of Federal Rule of Evidence 401 and should therefore be excluded on the basis of Federal Rule of Evidence 403. Therefore, Plaintiffs' Motion in Limine requesting that testimony be precluded regarding the standard of care of Mrs. Watkins at Parker Adventist Hospital is GRANTED; Plaintiffs' Motion in Limine requesting that testimony be precluded concerning whether a sheriff shou ld have been called to transport the Decedent is GRANTED; and Plaintiffs' Motion in Limine requesting that Defendant's exhibits A5, A8, A9, A10, and A11 be precluded from admission into evidence is GRANTED; With respect to Plaintiffs' Motion in Limine requesting exclusion of testimony and evidence regarding the use or the failure to use restraints on the Decedent during her final ambulance transport which is at issue here, the Court finds that such evidence is relevant to the issu es in this case within the meaning of Federal Rule of Evidence 401, and is therefore admissible within the meaning of Federal Rule of Evidence 402. Therefore, Plaintiffs' Motion In Limine as it pertains to evidence of the use or failure to use r estraints is DENIED; and On the matter of the exclusion of the evidence regarding the recent remarriage of Plaintiff Roy Watkins, the parties shall file contemporaneous briefs no more than five pages in length, excluding signature block and certifica te of service, regarding the admissibility of the subsequent marriage as it pertains to the calculation of damages, on or before Tuesday, September 13, 2011. No response briefs will be permitted. ORDERED:11) Defendant's Motion in Limine 243 i s GRANTED. All parties are prohibited from referring to any party or witness by first name, nickname, or any other name of familiarity at trial; All parties are precluded from mentioning any liability insurance held by Action Care Ambulance, Inc.; an d All parties are precluded from mentioning any efforts related to settlement or compromise between Action Care Ambulance, Inc. and any of the Plaintiffs in this matter.ORDERED: 12) On or before September 13, 2011 Plaintiffs shall designate or notify the Defendant as to those exhibits which they believe now, given the Court's ruling on the motion in limine, inappropriately reference either the June 3 or June 20, 2007 statements. The defendant shall redact any reference to those statements in any final exhibit notebook.(Court Reporter: Kara Spitler) (wjmcd, )
March 23, 2011 Opinion or Order Filing 215 ORDER. The Court GRANTS Plaintiffs motions for partial summary judgment 183 and 197 in their entirety. By Judge William . Martinez on 3/23/2011.(sah, ) Modified on 3/23/2011 to correct the name of the Judge who entered the order(sah, ).
February 14, 2011 Opinion or Order Filing 210 ORDER THIS MATTER comes before the Court on reassignment to Judge William J. Martnez. The parties are directed to confer and to file, on or before February 23, 2011, a Joint Status Report, not to exceed 4 pages in length, exclusive of signature blocks. Status Report due by 2/23/2011. by Judge William J. Martinez on 2/14/2011. (erv, )
October 26, 2010 Opinion or Order Filing 196 MINUTE ORDER :granting 194 Motion for Leave to File Plaintiffs Motion for Partial Summary Judgment Re: Comparative Negligence of Plaintiff Ronnie Watkins. The Clerk of the Court is directed to accept for filing Plaintiffs Motion for Partial Summary Judgment Re: Claim of Comparative Negligence of Plaintiff Ronnie Watkins [Doc. # 194-1] and accompanying exhibits, by Magistrate Judge Boyd N. Boland on 10/26/10.(bnbcd, )
July 7, 2010 Opinion or Order Filing 189 ORDER: Ten-Day Jury Trial set for 5/2/2011 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 4/15/2011 at 01:30 PM in Courtroom A 701 before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 7/7/10. (ebs, )
June 24, 2010 Opinion or Order Filing 187 ORDER granting 186 Stipulated Motion to Continue the Trial Date. The trial set for 9/13/10 and the trial preparation conference set for 8/20/10 at 8:30 a.m. are vacated. On or before 7/7/10, the parties shall jointly contact chambers to schedule a trial to begin no sooner than 3/1/11, by Judge Philip A. Brimmer on 6/24/10. (ebs, )
February 1, 2010 Opinion or Order Filing 180 ORDER granting 154 Motion for Leave to File Renewal of Plaintiffs' Motion to Strike Defendant's Designation of Nonparties at Fault Based Upon Discovery Completion and Colorado Law. Denying [Doc. #154-2] Plaintiffs' Renewed Motion to Strike Designation of Nonparty at Fault Highlands Behavorial Health System Following Completion of Discovery, by Magistrate Judge Boyd N. Boland on 2/1/10.(ebs, )
December 4, 2009 Opinion or Order Filing 177 MINUTE ORDER granting 167 Plaintiffs Motion for Leave to File a Reply [etc.]. Plaintiffs shall file their reply on or before 12/11/09, by Magistrate Judge Boyd N. Boland on 12/4/09.(ebs, )
October 23, 2009 Opinion or Order Filing 151 ORDER denying as moot 138 Motion to Amend/Correct/Modify; denying as moot 146 Motion to Amend/Correct/Modify, by Magistrate Judge Boyd N. Boland on 10/23/09.(bnbcd, )
September 11, 2009 Opinion or Order Filing 127 ORDER Ten-Day Jury Trial set for 9/13/2010 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 8/20/2010 at 08:30 AM in Courtroom A 701 before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 9/11/09. (ebs, )
July 28, 2009 Opinion or Order Filing 121 ORDER: re: The settlement conference set for July 31, 2009, at 10:00 a.m., isVACATED. by Magistrate Judge Boyd N. Boland on 7/28/09. (bnbcd, )
June 26, 2009 Opinion or Order Filing 119 MINUTE ORDER denying as moot 62 UHS of Denver, Inc.'s Motion to Dismiss, 64 UHS of Denver, Inc.'s Request for Judicial Notice, and 65 Mary Braud, M.D.'s Motion to Join UHS of Denver, Inc.'s Motion to Dismiss, by Judge Philip A. Brimmer on 6/26/09.(ebs, )
April 30, 2009 Opinion or Order Filing 106 ORDER denying 98 Plaintiffs' Motion to Amend Statement of Claims and Defenses in Amended Scheduling Order. The Settlement Conference set for 7/31/09 is not vacated, by Magistrate Judge Boyd N. Boland on 4/30/09. (ebs, )
April 6, 2009 Opinion or Order Filing 96 ORDER OF DISMISSAL WITH PREJUDICE as to Defendant Mary Braud, M.D., pursuant to the Stipulation for Dismissal with Prejudice of Mary Braud, M.D. Only 94 . All claims asserted in this matter as to defendant Mary Braud, M.D. are dismissed with prejudice, with each party to bear his or her own attorneys' fees and costs. The caption of this case shall be amended as set forth in this Order, by Judge Philip A. Brimmer on 4/6/09. (ebs, )
February 17, 2009 Opinion or Order Filing 91 ORDER granting in part 86 Plaintiff's MOTION for Protective Order to preclude inquiry into matters concerning Mr. Odom's use of alcohol prior to 01/01/05, and concerning alleged verbal or physical abuse by Mr. Odom in Ms. Watkins' childhood home, by Magistrate Judge Boyd N. Boland on 02/17/09. (wjc, )
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