Montez, et al v. Romer, et al

Filing 4232

Minute Entry for Oral Argument proceedings held before Judge John L. Kane held on 12/21/2009. Granting in part and denying in part 4207 Motion to Compel. Plaintiffs have to and including 1/15/10 to respond to specified pending motions; reply due 1/20/10. Counsel will meet and confer regarding 4229 Motion to Compel; Defendants' counsel will notify the Court if the motion will be withdrawn or limited.(Court Reporter Kara Spitler)(babia)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge John L. Kane Date: December 21, 2009 Deputy Clerk: Bernique Abiakam Court Reporter: Kara Spitler

Civil Action No. 92-cv-00870-JLK JESSE MONTEZ, et al., as representatives of themselves and all others similarly situated,

Paula D. Greisen Jennifer Riddle Blain D. Myhre Edward T. Ramey Lara E. Marks

Plaintiffs, v. BILL RITTER, et al., Elizabeth H. McCann James X. Quinn Berina Ibrisagic Robert C. Huss

Defendants. COURTROOM MINUTES Oral Argument/ Criteria For Disability Determinations 9:09 a.m. Court in session.

Court calls case. Appearances of counsel. Also present, Laurie Mool for the Plaintiffs. Advisory witnesses for the Defendants, Kathleen Baxter and Joanie Shoemaker. Court's preliminary comments. Today's hearing is in regards to the appropriate criteria to determine if someone is hearing disabled that's in the Department of Corrections. 9:10 a.m. 9:12 a.m. 9:14 a.m. Argument by Mr. Huss. Argument by Ms. Marks. Further argument by Mr. Huss.

92-cv-00870-JLK Oral Argument December 21, 2009

Mr. Huss is excused from the rest of today's hearing. ORDERED: The objection for a referral to an outside specialist is sustained. Discussion regarding outstanding case issues. Discussion regarding Plaintiff's pending motion to compel. 9:25 a.m. Argument by Ms. Greisen.

Plaintiff's exhibits 1 and 2, tendered to the Court. 9:27 a.m. 9:42 a.m. 9:53 a.m. 10:01 a.m. Continued argument by Ms. Greisen. Argument by Mr. Quinn. Further argument by Ms. Greisen. Further argument by Mr. Quinn.

ORDERED: Motion To Compel Discovery Responses (Filed 12/01/09; Doc. No. 4207) is GRANTED in PART and DENIED in PART, as specified. Plaintiff's exhibits 1 and 2 offered and admitted. Discussion regarding a continuance, discovery deadlines, and pending motions. ORDERED: Plaintiffs shall have to and including January 15, 2010 to respond to pending motions, as specified. Reply is due on or before January 20, 2010. 10:16 a.m. Comments Mr. Ramey regarding possible resolution of Defendants' Motion To Compel (Filed 12/18/09; Doc No. 4229).

ORDERED: Counsel will meet and confer regarding Defendants' Motion To Compel (Filed 12/18/09; Doc. No. 4229). Defendants' counsel will notify the Court if the motion will be withdrawn or if the motion is being limited. Further discussion regarding discovery and compliance issues. 10:30 a.m. Court in recess. Hearing continued. Total time in court:1 hour, 21 minutes

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