Doll et al v. Kaz USA, Inc. et al
| Shirley Doll and Jimmie Koch |
| Kaz USA, Inc. and Kaz, Inc. |
| 1:2009cv02976 |
| December 21, 2009 |
| US District Court for the District of Colorado |
| Denver Office |
| Las Animas |
| Lewis T. Babcock |
| Boyd N. Boland |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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Filing
356
ORDER OF DISMISSAL. A Stipulation for Dismissal With Prejudice 355 was filed on 1/20/2012. This matter shall be DISMISSED WITH PREJUDICE, each party to pay their own fees and costs. By Judge Lewis T. Babcock on 1/23/2012. (sah, )
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Filing
299
ORDER. As further set forth on the record at the trial preparation conference held on 9/15/2011, IT IS HEREBY ORDERED as follows: Plaintiffs negligence claim against Defendants is WITHDRAWN; The parties shall file revised exhibit lists and designati ons of deposition testimony no later than 9/26/2011; A further trial preparation conference is scheduled for 9/28/201 at 9:00 a.m.; and Plaintiffs shall provide a preliminary order of their witnesses at the 9/28/2011 trial preparation conference. By Judge Lewis T. Babcock on 9/15/2011. (sah2, )
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Filing
286
ORDER. Plaintiffs Motion to Exclude Certain Testimony re: Defendants IME Expert Witness, Gary S. Gutterman, M.D. 200 is GRANTED IN PART and DENIED IN PART. By Judge Lewis T. Babcock on 9/13/2011. (sah, )
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Filing
280
MINUTE ENTRY for proceedings held before Judge Lewis T. Babcock: Motions Hearing held on 9/8/2011. Plaintiffs shall respond to Defendants' Rule 702 Motions and Motion in Limine by 9/26/11. No replies shall be filed. Granting 198 Motion to E xclude. Granting in part and conditionally denying in part 199 Motion to Exclude. Granting in part and denying in part 200 Motion to Exclude. Granting 204 Motion to Exclude. Granting 207 Motion to Exclude. Granting 250 Motion to Recons ider. Holding in abeyance 255 Motion to Limit Testimony. Holding in abeyance 256 Motion to Limit Testimony. Holding in abeyance 257 Motion to Limit Testimony. Motion in Limine 258 is accepted for filing but shall be treated as a trial brief. (Court Reporter: Kara Spitler) (eseam)
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Filing
221
ORDER. Defendants' 195 MOTION to Continue Trial is denied. Referral of the Defendants' 194 MOTION to Amend 21 Scheduling Order to the magistrate judge is withdrawn and the motion is Granted. Defendants may depose Plaintiffs' e xperts Mr. Finocchiaro, Dr. Verdeal, Dr. Keller, and Dr. Aylesworth for up to 2 hours no later than 8/19/2011. A hearing is set for 9/8/2011 at 9:00 a.m. on (1) Plaintiffs Motion to Exclude Evidence Pertaining to Drugs 198 ; (2) Plaintiffs' Mo tion to Exclude All Evidence 199 ; (3) Plaintiffs' Motion to Exclude Certain Testimony 200 ; and (4) Plaintiffs Motion to Exclude All Opinion Testimony of Defense Expert David A. Krauss 204 . No further motions shall be filed in this case. A trial preparation conference is set in this case for 9/15/2011 at 9:00 a.m., by Judge Lewis T. Babcock on 8/8/11. (lsw, )
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Filing
188
ORDER. Defendants Motion for Summary Judgment on Claim on Breach of Express and Implied Warranty (Fifth Motion for Summary Judgment) 98 is GRANTED IN PARTAND DENIED IN PART. By Judge Lewis T. Babcock on 7/1/2011.(sah, )
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Filing
182
ORDER :denying 159 Motion to Strike ; granting 164 Motion for Leave to amend Scheduling Order; granting in part and denying in part 167 Motion to Strike Plaintiff Shirley Doll Kochs SupplementalAnswer to Defendants First Set of Interrogatories, by Magistrate Judge Boyd N. Boland on 6/23/11.(bnbcd, )
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Filing
181
Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Final Pretrial Conference held on 6/14/2011. A Supplemental Final Pretrial Conference will be set at a later date. taking under advisement 159 Motion to strike the letters p roduced with plaintiffs sixteenth and nineteenth supplemental Rule 26(a)(1) disclosures. taking under advisement 164 Defendants motion to take the depositions of Shannon Doll and Tara Smith. taking under advisement 167 Defendants motion to strike plaintiff Shirley Doll Kochs supplemental answer to defendants first set of interrogatories. (FTR: G.Mattei) (bnbcd, )
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Filing
157
MINUTE ORDER denying without prejudice Plaintiff's 152 Motion Requesting Three Additional Trial Days, by Judge Lewis T. Babcock on 4/29/11.(lsw, )
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Filing
151
MINUTE ORDER : denying as withdrawn 142 Motion to Compel. Granting 147 Motion to Withdraw. The hearing on Defendants Motion to Compel set for April 14, 2011, at 2:30 p.m., is VACATED, by Magistrate Judge Boyd N. Boland on 4/7/11.(bnbcd, )
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Filing
144
ORDER: re: 128 MOTION to Compel Production of Certain Telephone Records, Federal Income Tax Documents and Pharmacy Recordsfiled by Kaz USA, Inc., Kaz, Inc. is granted in part and denied in part. GRANTED to require the plaintiffs to produce all home telephone, cell phone, and business telephone records in there possession, custody, and control for February 14, 2008; GRANTED to require the plaintiffs to execute IRS Form 4506-T to obtain tax records and information, for the years 2002 through 200 9 for Shirley Doll Koch, and for years 2000 through 2005 for Jimmie Koch; GRANTED to require the plaintiff Shirley Doll to produce the MedCo prescription medication insurance records in her possession, custody, and control for the period 2004 to the present or, if the MedCo prescription insurance records are not readily in the possession, custody, or control of Shirley Doll, to require her to sign a release allowing the defendants to obtain those records directly from MedCo; and DENIED in all other respects. The plaintiffs shall make a supplemental discovery response consistent with this Order on or before April 18, 2011, by Magistrate Judge Boyd N. Boland on 4/4/11. (bnbcd, )
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Filing
107
MINUTE ORDER. Defendant KAZ USA, Inc.s Notice of Withdrawal of Its Motion for Summary Judgment Based on Innocent Seller Statute (Third Motion for Summary Judgment) 106 is GRANTED. Defendant KAZ USA, Inc. Motion for Summary Judgment Based on Innocent Seller Statute 95 is WITHDRAWN. By Judge Lewis T. Babcock on 2/2/2011.(sah, )
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Filing
105
MINUTE ORDER: granting 103 Motion to Amend scheduling order. Defendants have to and including February 4, 2011, to serve their experts IME report, by Magistrate Judge Boyd N. Boland on 1/31/11.(bnbcd, )
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Filing
89
MINUTE ORDER : granting 87 Joint Motion to Amend Scheduling Order. Defendants are permitted to endorse an expert to conduct an IME of plaintiff Shirley Koch and disclose the IMR report by January 28, 2011; Discovery due by 12/17/2010. Dispositive Motions due by 1/7/2011. Proposed Pretrial Order due by 3/31/2011. Final Pretrial Conference set for 4/7/2011 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 11/18/10.(bnbcd, )
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Filing
86
MINUTE ORDER : 84 Joint Motion to Amend Scheduling Order is DENIED subject to a renewed motion which addresses all remaining scheduling order deadlines, including the dispositive motion deadline, by Magistrate Judge Boyd N. Boland on 11/9/10.(bnbcd, )
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Filing
79
MINUTE ORDER :granting 77 Defendants Unopposed Motion to Amend, by Magistrate Judge Boyd N. Boland on 9/22/10.(bnbcd, )
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Filing
75
MINUTE ORDER : granting 71 Defendants Unopposed Motion to Amend Scheduling Order. Defendants have to and including October 11, 2010, in which to serve Dr. Cantrills expert report, by Magistrate Judge Boyd N. Boland on 9/14/10.(bnbcd, )
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Filing
69
ORDER. The Defendants Motion for Protective Order 51 is DENIED; The Plaintiffs Motion for Protective Order 53 is DENIED; and The Motion to Strike 65 is DENIED. By Magistrate Judge Boyd N. Boland on 08/30/2010.(sah, )
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Filing
50
MINUTE ORDER. Notice of Withdrawal of Defendants Motion for Leave to Meet Ex Parte with Certain Healthcare Providers Without Providing Notice to Plaintiffs Counsel 47 , filed 08/10/2010. The Defendants't Motion for Leave to Meet Ex Parte With Certain Healthcare Providers Without Providing Notice to Plaintiffs' Counsel 46 is DENIED AS MOOT. By Magistrate Judge Boyd N. Boland on 08/11/2010.(sah, )
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Filing
42
ORDER: denying 36 The parties Joint Motion to Amend Scheduling Order; denying 37 Plaintiffs Motion to Modify Scheduling Order Re: Interrogatories; granting in part and denying in part 29 Plaintiffs Motion to Compel and for Determination of Sufficiency of Responses to Requests for Admission. The defendants shall serve supplemental discovery responses consistent with this order on or before July 23, 2010, by Magistrate Judge Boyd N. Boland on 7/13/10.(bnbcd, )
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Filing
15
PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 1/29/10. (bnbcd, )
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Filing
11
ORDER. A Scheduling/Planning Conference is set for 2/18/2010 02:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. By Magistrate Judge Boyd N. Boland on 01/15/2010. (sah, )
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