Whitington v. Ortiz et al

Filing 249

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 1/28/2010. The court will issue a Recommendation re: Motion for Temporary Restraining Order and Preliminary Injunction Pursuant to Rule 65(a) & (b) Fed.R.Civ.P., doc # 218 . ORDERED: Plaintiff's Third Request to Compel the Defendants to Produce Discovery and Combine Motion to Impose Sanctions Against the Defendants, and Appoint Counsel for the Plaintiff, doc # 224 is DEN IED as it relates to compelling production and imposing sanctions. Motion to Appoint Counsel # 224 is DENIED. Motion to Supplement Plaintiff's Third Motion to Compel, doc # 248 is DENIED. Motion to Appoint Counsel or Place the Plaintiff on the Court's List for Pro Bono Counsel, doc # 247 is DENIED. Dispositive Motions due by 2/19/2010. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer Civil Action No.: 06-cv-00759-LTB-CBS Date: January 28, 2010 FTR - Reporter Deck - Courtroom A402 Courtroom Deputy: Linda Kahoe MICHAEL WHITINGTON, Plaintiff, v. AL ESTEP, et al., Defendant. Pro se (via phone) James Xavier Quinn COURTROOM MINUTES/MINUTE ORDER HEARING: STATUS CONFERENCE Court in session: 10:49 a.m. Court calls case. Appearance of counsel. Mr. Whitington appears via phone. Discussion regarding Motion for Temporary Restraining Order and Preliminary Injunction Pursuant to Rule 65(a) & (b) Fed.R.Civ.P., doc #[218], filed 9/23/2009. The court will recommend that this motion be denied. Discussion regarding Plaintiff's Third Request to Compel the Defendants to Produce Discovery and Combine Motion to Impose Sanctions Against the Defendants, and Appoint Counsel for the Plaintiff, doc #[224], filed 10/9/2009. For the reasons as stated on the record, it is: ORDERED: Plaintiff's Third Request to Compel the Defendants to Produce Discovery and Combine Motion to Impose Sanctions Against the Defendants, and Appoint Counsel for the Plaintiff, doc #[224] is DENIED as it relates to compelling production and imposing sanctions. The Motion to Appoint Counsel is DENIED subject to Mr. Whitington's right to renew that motion at some appropriate time in the future. Discussion regarding Motion to Supplement Plaintiff's Third Motion to Compel, doc #[248], filed 1/26/2010. For the reason as stated on the record, it is: ORDERED: Motion to Supplement Plaintiff's Third Motion to Compel, doc #[248] is DENIED. Discussion regarding Motion to Appoint Counsel or Place the Plaintiff on the Court's List for Pro Bono Counsel, doc #[247], filed 1/26/2010. ORDERED: Motion to Appoint Counsel or Place the Plaintiff on the Court's List for Pro Bono Counsel, doc #[247] is DENIED at this time, subject to Mr. Whitington's right to raise the issue again at a more appropriate time. Mr. Quinn states he will file a Motion for Summary Judgment. ORDERED: The Dispositive Motion deadline is extended to FEBRUARY 19, 2010. HEARING CONCLUDED. Court in recess: Total time in court: 11:23 a.m. 00:34 To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303) 825-6119 or toll free at 1-800-962-3345.

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