Fortner et al v. USA et al

Filing 471

ORDER. This matter arises from a 468 Letter which is construed as a motion to issue subpoenas. The 468 Motion is granted in part and denied in part. By Magistrate Judge Boyd N. Boland on 4/25/12. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 06-cv-02148-BNB-MEH
DARRELL FORTNER, and
JENNIFER FORTNER, d/b/a Diamond/Dundee Tree Service,
Plaintiffs,
v.
THE CITY OF COLORADO SPRINGS,
MAYOR LIONEL RIVERA, individually and in his official capacity as Mayor of C/S,
KATHY YOUNG, individually and in her official capacity as City Clerk of C/S,
DARREL PEARSON, individually and in his official capacity as City Forrester of C/S,
JAMES A. CHOATE, in his individual capacity as Sergeant for El Paso County Sheriff’s Office,
TERRY MAKETA, in his individual capacity as Sheriff of El Paso County, Colorado, and
JAMES E. MCGANNON, individually and in his official capacity as City Forrester for the City
of Colorado Springs, CO,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises a letter [Doc. # 468, filed 4/17/2012] filed pro se by plaintiff Darrell
Fortner, which I will construe as a motion to issue subpoenas (the “Motion”). I held a hearing on
the Motion this morning and made rulings on the record, which are incorporated here.
IT IS ORDERED:
(1)

The Motion [Doc. # 468] is GRANTED IN PART and DENIED IN PART as

follows:
• GRANTED insofar as it seeks to have the court issue subpoenas commanding the
following witnesses to appear and give testimony at the hearing on May 2, 2012, at 8:30 a.m., in
Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver,

Colorado:
(i)

Robert S. Demetry;

(ii)

Becky Chumbler;

(iii)

Phil Ludwig; and

(iv)

Andrew C. Gorgey;

• DENIED in all other respects; and
(2)

The County Attorney has agreed to accept service of the subpoenas on behalf of

Robert S. Demetry and Becky Chumbler; I have required by separate order that the United States
Marshal effect service of the subpoena on Andrew C. Gorgey; and Mr. Fortner has indicated that
he will be responsible for service of the subpoena on Phil Ludwig.
Dated April 25, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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