Chavez v. Hatterman et al

Filing 271

ORDER terminating 163 Motion for Sanctions; terminating 193 Report and Recommendations.; terminating 229 Order on Motion in Limine are removed from the list of pending matters. by Chief Judge Wiley Y. Daniel on 5/20/09.(erv, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 06-cv-02525-WYD-MEH RICHARD G. CHAVEZ, Plaintiff, v. JOHN TOTTEN, Adams County Deputy Sheriff (Sgt.), in his individual capacity, Defendant. ORDER THIS MATTER is before the Court on Plaintiff Richard Chavez's Motion for Sanctions for Spoliation of Evidence and "Adverse Inference" Jury Instruction for Destruction of X26 Data [doc. #163], filed December 5, 2008; Magistrate Judge Michael E. Hegarty's Recommendation denying that Motion [doc. #193], filed January 20, 2009; and Plaintiff's Motion In Limine To Exclude Evidence of Prior Crimes[,] Wrongs[,] or Acts [doc. #229], filed March 27, 2009. My rulings from the bench during the jury trial in this action, for which a verdict has been rendered, disposed of the matters underlying these filings. Accordingly, it is hereby ORDERED that Plaintiff Richard Chavez's Motion for Sanctions for Spoliation of Evidence and "Adverse Inference" Jury Instruction for Destruction of X26 Data [doc. #163], filed December 5, 2008; Magistrate Judge Michael E. Hegarty's Recommendation denying that Motion [doc. #193], filed January 20, 2009; and Plaintiff's Motion In Limine To Exclude Evidence of Prior Crimes[,] Wrongs[,] or Acts [doc. #229], filed March 27, 2009, are removed from the list of pending matters. Dated: May 20, 2009. BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge -2-

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