Lee v. Clear Creek County Animal Control Officer Staci McBrayer

Filing 20

MINUTE ENTRY for In Court Hearing held before Judge R. Brooke Jackson on 8/15/2012. Taking under advisement 10 Motion for TRO; Granting 16 Motion to Dismiss Party. Clear Creek County and Clear Creek County Sheriff's Department terminated. ORDERED: Mr. Spear's Oral Motion to Dismiss The State of Colorado is GRANTED. Defendant The State of Colorado terminated. Court Reporter: Kara Spitler. (lag)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE R. BROOKE JACKSON Courtroom Deputy: Laura Galera Court Reporter: Kara Spitler Date: August 15, 2012 Criminal/Civil Action No. 12-cv-02056-RBJ Parties: Counsel: WILLIAM LEE, Jay Swearingen Plaintiff, v. THE STATE OF COLORADO, CLEAR CREEK COUNTY, CLEAR CREEK COUNTY SHERIFF’S DEPARTMENT, and CLEAR CREEK COUNTY ANIMAL CONTROL OFFICER STACI MCBRAYER, Skippere Spear Andrew McLetchie Timothy Schimberg Defendant. COURTROOM MINUTES IN COURT HEARING Court in session: 9:38 a.m. Appearances of counsel. Discussion regarding service of Defendant The State of Colorado. Mr. Spear waives service as to the State of Colorado by his statements made on the record today. Argument regarding jurisdiction by Mr. Swearingen and Mr. Spear as to The State of Colorado. Argument by Mr. Swearingen as to the Emergency Motion for a Temporary Restraining Order and Preliminary Injunction Doc.# [10]. Argument by Mr. McLetchie as to the Emergency Motion for a Temporary Restraining Order and Preliminary Injunction Doc.# [10]. Defendant’s witness, Staci McBrayer, called and sworn. 10:46 a.m. Direct examination of Ms. McBrayer by Mr. McLetchie. 10:53 a.m. Cross examination of Ms. McBrayer by Mr. Swearingen. 10:55 a.m. Redirect examination of Ms. McBrayer by Mr. McLetchie. 10:55 a.m. Court questions the witness. ORDERED: Motion to Dismiss Without Prejudice Doc.# [16] is GRANTED. ORDERED: Mr. Spear’s Oral Motion to Dismiss The State of Colorado is GRANTED. Court will take the representation of defense counsel that they will not move the animals until the Court has made its ruling. ORDERED: Emergency Motion for a Temporary Restraining Order and Preliminary Injunction Doc.# [10] is TAKEN UNDER ADVISEMENT. Court in recess: 11:02 a.m. Hearing concluded. Total time: 01:24 2