McCammond v. Schwan's Home Service, Inc.
| Michael McCammond |
| Schwan's Home Service, Inc. |
| 1:2009cv02895 |
| December 10, 2009 |
| US District Court for the District of Colorado |
| Denver Office |
| El Paso |
| Walker D. Miller |
| Michael J. Watanabe |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
114
MINUTE ORDER denying 111 Plaintiffs Motion for Court to Review Clerks Action on Defendants Bill of Costs by Magistrate Judge Michael J. Watanabe on 2/6/2012.(ervsl, )
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Filing
103
Stipulation and ORDER regarding Custody of Exhibits by Judge William J. Martinez on 8/24/2011. (erv, )
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Filing
101
MINUTE ENTRY for Jury Trial - Day One held before Judge William J. Martinez on August 22, 2011: ORDERED: Defendant's Unopposed Motion for Leave to Submit Amended Joint Exhibit List 100 is DENIED. Trial continued. (Court Reporter: Gwen Daniel) (wjmcd, )
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Filing
99
ORDER re: 86 Designation of Deposition Testimony filed by Schwan's Home Service, Inc., 93 Supplemental Trial Brief filed by Michael McCammond, 94 Supplemental Trial Brief, filed by Schwan's Home Service, Inc. by Judge William J. Martinez on 8/18/2011. (erv, )
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Filing
95
ORDER on Issues Raised by Trial Briefs The parties shall meet-and-confer regarding a joint Statement of the Case, as contemplated by WJM Practice Standard VI.B, and shall submit same to the Court not later than August 18, 2011 by Judge William J. Martinez on 8/17/2011. (erv, )
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Filing
84
MINUTE ENTRY for Trial Preparation Conference held before Judge William J. Martinez on August 11th, 2011: ORDERED: Counsel shall meet and confer over the telephone, by Monday, August 15, and submit no later than Tuesday, August 16, 2011 amended Exhib it Lists reflecting their best effort to stipulation to as many trial exhibits as possible. ORDERED: The Defendant shall file on or before Tuesday, August 16, 2011, a revised set of disputed Jury Instructions which comply with this Court's Pract ice Standards. ORDERED: The Defendant has until the close of business Friday, August 12, 2011 to file its objections to Plaintiff's disputed Jury Instructions. No further extensions will be granted. ORDERED: The parties shall include in the tr ial briefs to be filed on August 12, 2011 a discussion of whether calculations regarding Plaintiff's purported front pay damages must be reduced to present value. ORDERED: The parties shall file simultaneous supplemental trial briefs on or befor e Tuesday, August 16, 2011, limited to five pages or less, addressing the issue of whether Minnesota law provides that it is the Court or the jury which determines the amount of Plaintiff's front pay, if any. No responses to the supplemental tr ial briefs shall be filed and no extension of time to submit same will be granted. ORDERED: By no later than August 12, 2011, Defendant shall file its proposed designations of deposition testimony. The Court will consider that document as having be en filed nunc pro tunc to August 1, 2011. The Court will make a determination as to whether it will allow the use at trial of Plaintiff's deposition in the manner proposed. ORDERED: The parties shall submit hard copies of the exhibits; and subm it the exhibits by electronic filing on a disk. ORDERED: The Defendant's Motion in Limine 52 is GRANTED IN PART AND DENIED IN PART as follows: The Motion in Limine is DENIED as to Category A, Evidence of and/or Request for Damages Exceeding C ontractual Provisions. The Motion in Limine is GRANTED as to Category B, Findings of the Colorado Department of Labor and Employment. The Motion in Limine is DENIED as to Category C, Out of Court Statements and Unavailable Witness Testimony. The M otion in Limine is DENIED as to Categories D & E, Home Service's Financial Status (D) and "David and Goliath" and Similar Analogies (E). The Court will allow Plaintiff to reference at trial the facts that Defendant is a well-known, lar ge, national entity, as well as make general comments about the respective status of the parties. Given that punitive damages are not sought in this case, however, the Court will not permit more particularized statements about Defendant's sales, net worth or other financial information. The Motion in Limine is GRANTED as to Category F, Existence of this Motion in Limine and/or Subsequent Order. ORDERED: The rule of sequestration, Rule 615, will be invoked. ORDERED: Trial will commence on August 22, 2011 at 8:00 a.m. Courtroom A601.(Court Reporter: Gwen Daniel) (wjmcd, ) (Modified on 8/12/2011 corrected the file date to 8/11/2011)(erv2, ).
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Filing
78
ORDER Requiring the Parties to submit Trial Briefs The parties trial briefs shall be no more than fifteen pages in length and shall be filed by August 12, 2011. No extension of the filing deadline, enlargement of the brief length, or responsive briefs will be permitted. by Judge William J. Martinez on 8/8/2011. (erv, )
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Filing
47
ORDER granting 43 Plaintiff's Motion in Limine. The Court will not allow Defendant to argue at trial that Plaintiffs award of damages, if any, should be offset by any amount Defendant contributed to the unemployment insurance fund. by Judge William J. Martinez on 6/16/2011.(erv, )
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Filing
40
ORDER The parties are directed to confer and to file a Joint Status Report, Status Report due by 2/23/2011. by Judge William J. Martinez on 02/14/2011. (wjc, )
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Filing
30
STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael J. Watanabe on 4/6/2010. (erv, )
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Filing
11
ORDER: Scheduling Conference set for 3/10/2010 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 1/5/2010. (mjwcd )
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| Plaintiff: Michael McCammond | |
| Represented By: | James C. Vaughters |
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| Defendant: Schwan's Home Service, Inc. | |
| Represented By: | Peter Andrew Sabey |
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