Date: 08-19-2019

Case Style:

Case Number: 1:13-cv-00327-CMA-KLM

Judge: Christine M. Arguello

Court: United States District Court for the District of Colorado (Denver County)

Plaintiff's Attorney:

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Defendant's Attorney: George William Soule, James Andrew Johnson, Jordan Lee Lipp, Kyle Robert Kroll, Melissa Ruth Stull, Thomas Henry Boyd for Immedia

Amanda W. DeWick, Arron Burt Newbitt, Jacob M. Vos, Kevin J. Kuhn, Linda Jane Knight for Duffy Crane

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Description:
Denver, CO, - Franklyn A. Jenkins sued Immedia, Inc. and Duffy Crane and Hauling, Inc. on personal injury, auto negligence and respondeat superior theories.

Date Filed # Docket Text
06/16/2019 403 ORDER regarding the Savage rule. The Court concludes that the Minnesota Supreme Court would not apply the Savage rule to the instant case. Thus, it is ORDERED that the Savage rule will not apply in this case. SO ORDERED by Judge Christine M. Arguello on 6/16/2019. (cmalc3) (Entered: 06/16/2019)
06/16/2019 404 ORDER regarding Plaintiff's Motion in Limine No. 7. It is ORDERED that 375 Plaintiff's Motion in Limine No. 7 is GRANTED IN PART and DENIED IN PART. SO ORDERED by Judge Christine M. Arguello on 6/16/2019. (cmalc3) (Entered: 06/16/2019)
06/17/2019 405 MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial Day-Two held on 6/17/2019. ORDERED: DENYING 400 Defendant's Request to Bifurcate Proceedings on Punitive Damages. Opening statements. WITNESSES SWORN AND TESTIFIED: Richard Ziernicki. EXHIBITS RECEIVED: 1-3, 24-26, 28, 247-248, 251, 256, 262, 267, 156, 186, 37, 15, 17, 19, 21, 23, 29-30, 162, 174-175, 185, 191, 11, 9, 265, 163, 154, 32. Jury excused for the day. Trial continued to 6/18/2019. (Total time: 6 Hours, 17 Minutes; Hearing time: 7:35 a.m. -- 2:54 p.m.)

APPEARANCES: Michael Nimmo, B.T. Edmonds, and William Kvas on behalf of the Plaintiff; Melissa Stull, George Soule, and Jordan Lipp on behalf of the Defendant. ALSO PRESENT: Franklyn Jenkins, Plaintiff; John Ledy, Immedia, Inc. Representative. Court Reporter: Darlene Martinez. Entry Modified on 6/19/2019 to modify text. (swest). (Entered: 06/18/2019)
06/18/2019 406 MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial Day-Three held on 6/18/2019. WITNESSES SWORN AND TESTIFIED: Richard Ziernicki (continued), Michael Watters, Franklin Darius, Adam Craig Sarote (by videotaped deposition), David Nelson (by videotaped deposition), David Narow (by videotaped deposition), David Moon (by videotaped deposition), Thomas Capra (by videotaped deposition). EXHIBITS RECEIVED: 355, 236-237, 349, 349a, 264, 36, 141, 325, 214-215, 114. Jury excused for the day. Trial continued to 6/19/2019. (Total time: 5 Hours, 40 Minutes; Hearing time: 8:00 a.m. -- 2:35 p.m.)

APPEARANCES: Michael Nimmo, B.T. Edmonds, and William Kvas on behalf of the Plaintiff; Melissa Stull, George Soule, and Jordan Lipp on behalf of the Defendant. ALSO PRESENT: John Ledy, Immedia, Inc. Representative. Court Reporter: Darlene Martinez. Modified on 6/19/2019 to modify text. (swest). Text Only Entry. (Entered: 06/18/2019)
06/19/2019 407 NOTICE Defendant's Submission of Minnesota Preservation Letter and Minnesota Discovery Responses by Defendant Immedia Inc. (Attachments: # 1 Exhibit 1 - Correspondence re Preservation of Evidence, # 2 Exhibit 2 - Def's Responses to P's Requests for Production, # 3 Exhibit 3 - Kvas email submitting Preservation Ltr and Discovery Responses)(Lipp, Jordan) (Entered: 06/19/2019)
06/19/2019 408 NOTICE Defendant's Offer of Proof As To Pleadings in the Related Minnesota Action by Defendant Immedia Inc. (Attachments: # 1 Exhibit A - 20110624 Certified copy of Summons_ Jenkins vs. Immedia, # 2 Exhibit B - 20110901 Certified Copy of Amended Summons_ Jenkins v. Immedia)(Lipp, Jordan) (Entered: 06/19/2019)
06/19/2019 409 MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial Day-Four held on 6/19/2019. WITNESSES SWORN AND TESTIFIED: Linda Graham, Kenneth Askew, Jr., Jeffrey Opp, Lamar Moree, Jr. (by videotaped deposition). EXHIBITS RECEIVED: 110, 413 (Pg. 6 only), 369-371, 35, 120, 62, 48-58, 104, 404, 121. Jury excused for the day. Trial continued to 6/20/2019. (Total time: 6 Hours, 25 Minutes; Hearing time: 7:33 a.m. -- 2:53 p.m.)

APPEARANCES: Michael Nimmo, B.T. Edmonds, and William Kvas on behalf of the Plaintiff; Melissa Stull, George Soule, and Jordan Lipp on behalf of the Defendant. ALSO PRESENT: John Ledy, Immedia, Inc. Representative. Court Reporter: Darlene Martinez. (swest) Text Only Entry (Entered: 06/20/2019)
06/20/2019 410 MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial Day-Five held on 6/20/2019. WITNESSES SWORN AND TESTIFIED: Jacqueline Jenkins (aunt), Donya Jenkins Cannon, Christopher Crozier, Kwanjalein Jackson, Gary Christopherson (by videotaped deposition), Patrick Thielen (by videotaped deposition), John Ledy; Jacqueline Jenkins (mother), Mark Freeman (by videotaped deposition). EXHIBITS RECEIVED: 64, 34, 222-226. Jury excused for the day. Trial continued to 6/21/2019. (Total time: 5 Hours, 56 Minutes; Hearing time: 8:00 a.m. -- 2:42 p.m.)

APPEARANCES: Michael Nimmo, B.T. Edmonds, and William Kvas on behalf of the Plaintiff; Melissa Stull, George Soule, and Jordan Lipp on behalf of the Defendant. ALSO PRESENT: John Ledy, Immedia, Inc. Representative. Court Reporter: Darlene Martinez. (swest) Text Only Entry. (Entered: 06/20/2019)
06/21/2019 411 MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial Day-Six held on 6/21/2019. WITNESSES SWORN AND TESTIFIED: Franklyn Jenkins, Anthony Guiffre (by videotaped deposition), Jeffrey Clark, Robert Slogar (by videotaped deposition). EXHIBITS RECEIVED: 6-8, 10, 12, 16, 18, 160, 212-213, 216-219, 270, 367, 273, 272, 271, 276, 268, 274. 135, 134. Jury excused for the day. Trial continued to 6/24/2019. Total time: 5 Hours, 26 Minutes; Hearing time: 7:45 a.m. -- 2:08 p.m.)

APPEARANCES: Michael Nimmo, B.T. Edwards, and William Kvas on behalf of the Plaintiff; Melissa Stull, George Soule, and Jordan Lipp on behalf of the Defendant. ALSO PRESENT: John Ledy, Immedia,Inc. Representative. Court Reporter: Darlene Martinez. (swest, ) Text Only Entry (Entered: 06/21/2019)
06/24/2019 412 MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial Day-Seven held on 6/24/2019. WITNESSES SWORN AND TESTIFIED: Todd Voit, Tanya Rutherford Owen, Steven Morgan, Andrew Sievers, Nicholas Boulis (by videotaped deposition). EXHIBITS RECEIVED: 258, 116, 115, 277. Jury excused for the day. Trial continued to 6/25/2019. (Total time: 6 Hours, 10 Minutes; Hearing time: 8:00 a.m. -- 2:56 p.m.)

APPEARANCES: Michael Nimmo, B.T. Edmonds, and William Kvas on behalf of the Plaintiff; Melissa Stull, George Soule, and Jordan Lipp on behalf of the Defendant. ALSO PRESENT: John Ledy, Immedia, Inc. Representative. Court Reporter: Darlene Martinez. (swest) Text Only Entry (Entered: 06/24/2019)
06/24/2019 413 OBJECTIONS to Initial Objections and Edits to Court's Proposed Final Jury Instructions by Defendant Immedia Inc.. (Attachments: # 1 Exhibit A - Court's Final Proposed Jury Instructions, # 2 Exhibit B - Proposed Jury Instructions Not Selected, # 3 Exhibit C - Immedia's Non-Stipulated & Competing Jury Instructions, # 4 Exhibit D - Immedia's Objections to Pltf's Competing & Non-Stip Jury Instructions, # 5 Exhibit E - Dr. Boulis Depo Excerpts, # 6 Exhibit F - Dr. Van Sickle Depo Excerpts, # 7 Exhibit G - Immedia revision to Court's Neg instruction, # 8 Exhibit H - Proposed Instr 30 - Punies & Agency)(Lipp, Jordan) (Entered: 06/24/2019)
06/25/2019 414 MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial Day-Eight held on 6/25/2019. ORDERED: TAKING UNDER ADVISEMENT Defendant's Oral Motion for Judgment as a Matter of Law Pursuant to Rule 50(a). WITNESSES SWORN AND TESTIFIED: David VanSickle, Kevin Czaplewski, Jeffrey Battenberg, Barry Rope. EXHIBITS RECEIVED: 260, 235, 259. Jury excused for the day. Trial continued to 6/26/2019. (Total time: 5 Hours, 58 Minutes, Hearing time: 8:00 a.m. -- 2:45 p.m.)

APPEARANCES: Michael Nimmo, B.T. Edmonds, and William Kvas on behalf of the Plaintiff; Melissa Stull, George Soule, and Jordan Lipp on behalf of the Defendant. ALSO PRESENT: John Ledy, Immedia, Inc. Representative. Court Reporter: Darlene Martinez. (swest) Text Only Entry (Entered: 06/25/2019)
06/26/2019 415 MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial Day-Nine held on 6/26/2019. ORDERED: DENYING Defendant's Oral Motion for Judgment as a Matter of Law Pursuant to Rule 50(a). Charging conference. WITNESSES SWORN AND TESTIFIED: Scott Rhoades, Timothy Kobernat, Frederick Strobl (by videotaped deposition), Craig Cardel, David Jones. EXHIBITS RECEIVED: 414, 393, 400, 402, 399, 392, 79, 85-86, 101. Jury excused for the day. Trial continued to 6/27/2019. (Total time: 6 Hours, 56 Minutes, Hearing time: 7:01 a.m. -- 3:07 p.m.)

APPEARANCES: Michael Nimmo, B.T. Edmonds, and William Kvas on behalf of the Plaintiff; Melissa Stull, George Soule, and Jordan Lipp on behalf of the Defendant. ALSO PRESENT: John Ledy, Immedia, Inc. Representative. Court Reporter: Darlene Martinez. (swest) Text Only Entry (Entered: 06/26/2019)
06/26/2019 416 OBJECTIONS to Final Proposed Special Verdict Form by Defendant Immedia Inc.. (Attachments: # 1 Exhibit A - Court's Proposed Final Special Verdict Form, # 2 Exhibit B - Immedia Proposed Jury Verdict Form, # 3 Exhibit C - Plaintiff's Proposed Jury Verdict Form, # 4 Exhibit D - Immedia Proposed Final Special Verdict Form (with redline))(Lipp, Jordan) (Entered: 06/26/2019)
06/27/2019 417 MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial Day-Ten completed on 6/27/2019. Jury instructed. Closing arguments. Deliberations began at 11:46 a.m. JURY VERDICT. Jury excused with the thanks of the Court. Trial concluded. ORDERED: lunch will be provided to the jury during their deliberations. FURTHER ORDERED: counsel for the parties shall retain custody of their respective exhibits and depositions until such time as all need for the exhibits and depositions has terminated and the time to appeal has expired or all appellate proceedings have been terminated plus sixty days. (Total time: 3 Hours, 48 Minutes; Hearing time: 7:54 a.m. -- 4:27 p.m.)

APPEARANCES: Michael Nimmo, B.T. Edmonds, and William Kvas on behalf of the Plaintiff; Melissa Stull, George Soule, and Jordan Lipp on behalf of the Defendant. ALSO PRESENT: Franklyn Jenkins, Plaintiff; John Ledy, Immedia, Inc. Representative. Court Reporter: Darlene Martinez. (swest) Text Only Entry (Entered: 06/28/2019)
06/27/2019 418 Final Jury Instructions. (swest) (Entered: 06/28/2019)

Outcome: 06/27/2019 419 Jury Note. (swest) (Entered: 06/28/2019)
06/27/2019 420 JURY VERDICT. (swest) (Entered: 06/28/2019)
06/27/2019 421 Jury Verdict - Unredacted - Level 3 - Viewable by Court Only. (swest) (Entered: 06/28/2019)
06/28/2019 422 FINAL JUDGMENT in favor of Defendant Immedia, Inc. and against Plaintiff Franklyn A. Jenkins by Clerk on 6/28/2019. (swest) (Entered: 06/28/2019)
07/12/2019 423 Proposed Bill of Costs with Affidavit and Exhibits A-F by Defendant Immedia Inc.. (Attachments: # 1 Affidavit Affidavit of Jordan Lipp, # 2 Exhibit A - fees of clerk, # 3 Exhibit B - fees of court reporter, # 4 Exhibit C - printing fees & disbursements, # 5 Exhibit D - witness fees, # 6 Exhibit E - fees for exemplification & copies, # 7 Exhibit F - depo costs)(Lipp, Jordan) (Entered: 07/12/2019)
07/12/2019 424 Proposed Bill of Costs Amended (Judgment entry date 6-28-19) by Defendant Immedia Inc.. (Lipp, Jordan) (Entered: 07/12/2019)
07/25/2019 425 MOTION for New Trial by Plaintiff Franklyn A. Jenkins. (Attachments: # 1 Proposed Order (PDF Only))(Nimmo, Michael) (Entered: 07/25/2019)
07/25/2019 426 MOTION to Supplement by Plaintiff Franklyn A. Jenkins. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order (PDF Only))(Nimmo, Michael) (Entered: 07/25/2019)
07/26/2019 427 ORDER granting 426 Plaintiff's Motion for Leave to Supplement New Trial Motion. Having reviewed the Motion, and for good cause shown, it is ORDERED that no later than 14 days after Plaintiff receives the transcripts identified in the Motion, Plaintiff has leave to file a Supplemental Brief of no more than five (5) pages, not including attached transcripts, to Plaintiff's Motion for a New Trial (Doc. # 425). It is FURTHER ORDERED that no later than fourteen (14) days after Plaintiff has filed his Supplemental Brief, Defendant may file a Supplemental Response that cannot exceed five (5) pages, not including attached transcripts. SO ORDERED by Judge Christine M. Arguello on 7/26/2019. Text Only Entry (cmalc3) (Entered: 07/26/2019)
07/26/2019 428 RESPONSE to 426 MOTION to Supplement filed by Defendant Immedia Inc.. (Attachments: # 1 Proposed Order (PDF Only) Proposed ORder on Plaintiff's Motion for Leave to Supplement New Trial Motion)(Kroll, Kyle) (Entered: 07/26/2019)
08/09/2019 429 VOIR DIRE TRANSCRIPT of proceedings held on 6/10/19 before Judge Arguello. Pages: 1-122. (dmart, ) (Entered: 08/09/2019)
08/09/2019 430 Partial TRANSCRIPT of Jury Trial Day 8 - Rule 50(a) Motion held on 6/25/19 before Judge Arguello. Pages: 1-40.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (dmart, ) (Entered: 08/09/2019)
08/09/2019 431 Partial TRANSCRIPT of Jury Trial Day 9 - Continued Rule 50(a) Motion held on 6/26/19 before Judge Arguello. Pages: 41-60.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (dmart, ) (Entered: 08/09/2019)
08/14/2019 432 Partial TRANSCRIPT of Jury Trial Day 10 - Defendant's Closing Argument held on 6/27/19 before Judge Arguello. Pages: 1-46.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (dmart, ) (Entered: 08/14/2019)
08/15/2019 433 BRIEF in Opposition to 425 MOTION for New Trial filed by Defendant Immedia Inc.. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 25, # 4 Exhibit 26, # 5 Exhibit 28, # 6 Exhibit 37, # 7 Exhibit 267, # 8 Exhibit 271)(Boyd, Thomas) (Entered: 08/15/2019)

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Defendant's Experts:

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