Wilson v. Lafayette, City of et al

Filing 250

Minute Entry for proceedings held before Judge Philip A. Brimmer: Motion Hearing held on 9/24/2009. Granting in part and denying in part 175 Defendant Harris' Motion to Strike. Granting in part and denying in part 174 Defendant City of Laf ayette and Chief Schultz's Motion to Strike. Granting 121 Defendant City of Lafayette and Schultz's Motion to Seal. Denying as moot 148 Plaintiff W. Wilson's Motion for Leave. Denying as moot 165 Plaintiff W. Wilson's Motion to Seal. Taking under advisement 119 , 123 , and 131 Motions for Summary Judgment. (Court Reporter Janet Coppock.) (ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER Courtroom Deputy: Patricia Glover Court Reporter: Janet Coppock Date: September 24, 2009

CASE NO. 07-cv-01844-PAB-KLM (Consolidated with 07-cv-02248-PAB-BNB) Counsel Parties WENDY WILSON, as an individual and as the next of kin and personal representative of Ryan Wilson, deceased, JACK WILSON, Plaintiffs, v. CITY OF LAFAYETTE, LAFAYETTE POLICE DEPARTMENT, PAUL SCHULTZ, JOHN HARRIS, TASER INTERNATIONAL, INC., Defendants. COURTROOM MINUTES MOTIONS HEARING 1:37 p.m. Court in Session. Eric Ziporin Marni Nathan Kloster J. Andrew Nathan David Ballard John Maley Michael Thomson Martin Beier Victoria Lovato

Court calls case. Appearances of counsel. Preliminary remarks by the Court. The Court addresses Defendant Harris' Motion to Strike (Doc.#175). ORDERED: Defendant Harris' Motion to Strike (Doc. #175) is GRANTED in part and

07-cv-01844-PAB Motions Hearing September 24, 2009

DENIED in part. It is GRANTED as to Ex. 13 (pg. 1 only), 18, 21 and 31 and DENIED as to Ex. 5, 6, 7, 8, 9. 10, 12, 13 (except page 1)14, 25, 27, 16, 17, 19, 24, 28, 29, 30 and GRANTED as to Ex. 13 (page one only), 18, 21, 31. The Court addresses City of Lafayette and Chief Schultz's Motion to Strike (Doc. #174) ORDERED: Defendant City of Lafayette and Chief Schultz's Motion to Strike (Doc. #174) is GRANTED in part and DENIED in part. It is GRANTED as to Ex. 10 and 11 and DENIED as to Ex. 7, 28, 12, 13, 15, 16, 17, 18, 21, 22, 23 , 24, 25, 27, 30. The Court addresses Defendant City of Lafayette and Schultz's Motion to Seal (Doc. #121) ORDERED: Defendant City of Lafayette and Schultze's Motion to Seal (Doc. #121) is GRANTED. The Court addresses Plaintiff W. Wilson's Motions (Doc. #148 and #165). ORDERED: Plaintiff W. Wilson's Motions (Doc. #148, 165) are DENIED as moot. The Court addresses the Rule 702 motions and whether hearings are requested. Counsel that filed the motions concur that no hearings are necessary. The Court will take the motions under advisement and issue a written ruling. The Court addresses the Motions for Summary Judgment. Argument heard on Motions for Summary Judgment (Doc. #119, 123, 131). Argument by Mr. Nathan (Doc. #119). Questions by the Court. Argument by Mr. Ziporin (Doc. #131). Argument by Mr. Maley (Doc. #123). Questions by the Court. 3:17 p.m. 3:30 p.m. Court in recess Court in session

Argument by counsel Thomson and Beier. Questions by the Court.

07-cv-01844-PAB Motions Hearing September 24, 2009

Rebuttal argument by counsel Maley, Nathan and Ziporin. The Court takes the Motions for Summary Judgment under advisement and will issue a written ruling. 4:35 pm. Court in Recess. Hearing concluded. Total time in court: 2 hours 45 minutes.