S.R. v. School District No. 1, Denver, Colorado et al

Filing 26

Minute Entry - Courtroom Minutes for Motion Hearing held on 1/30/2009 before Judge Richard P. Matsch. ORDERED: Plaintiff's Motion for Protective Order, filed January 28, 2009 22 , is denied with respect to the deposition of defendant Shaun Elli s. Motion for Fed.R.Civ.P. 35(A) Mental Examination of Defendant Ellis, filed January 7, 2009 18 , is denied. Defendant Shaun Ellis shall execute a medical records release waiver and provide medical records (from the beginning of mental / behavioral treatment) to counsel (physical injury records excluded). Counsel shall schedule and Depose defendant Shaun Ellis. Defendants Motion to Compel Proper Disclosure of Plaintiff's Confidential Witness, filed January 13, 2009 19 , is denied. Counsel shall submit an interrogatory. (Reporter FTR - K. Terasaki.) (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: January 30, 2009 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________
Civil Action No. 08-cv-00039-RPM S. R. , by his parent and next of friend, ASCENCION RIVERA, Plaintiff, v. SCHOOL DISTRICT NO. 1, DENVER COLORADO, Michael B. Case a/k/a DENVER PUBLIC SCHOOLS, Holly E. Ortiz SCHOOL DISTRICT NO. 1, BOARD OF EDUCATION, a/k/a DENVER PUBLIC SCHOOLS BOARD OF EDUCATION, LINDA TORRES, individually and in her official capacity as Principal of Horace Mann Middle School, SHAUN ELLIS, individually and Pro Se - Present in his capacity as Denver Public School Employee, Michael Ellis (Father) SANDY BACA-SANDOVAL, individually and in her capacity as Supervisor of Shaun Ellis and MICHAEL BENNETT, in his capacity as the Superintendent of Denver Public Schools, Employer of Shaun Ellis, Linda Torres and Sandy Baca-Sandoval, Defendants. John K. Pineau Ingrid J. DeFranco

____________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________ Hearing on Motion for Mental Examination 10:27 a.m. Court in session.

Court's preliminary remarks. Mr. Pineau answers questions asked by the Court regarding proposed settlement agreement. Mr. Pineau states there is a written agreement settling the case with respect to Shaun Ellis and it has been disclosed to opposing counsel. ORDERED: 10:35 a.m. 10:40 a.m. Plaintiff's Motion for Protective Order, filed January 28, 2009 [22], is denied with respect to the deposition of defendant Shaun Ellis. Argument by Mr. Case. Argument by Mr. Shaun Ellis and answers questions asked by the Court.

Michael Ellis answers questions asked by the Court regarding his son's mental condition.

January 30, 2009 08-cv-00039-RPM Discussion regarding scope of medical records release. ORDERED: Motion for Fed.R.Civ.P. 35(A) Mental Examination of Defendant Ellis, filed January 7, 2009 [18], is denied. Defendant Shaun Ellis shall execute a medical records release waiver and provide medical records (from the beginning of mental / behavioral treatment) to counsel (physical injury records excluded). Counsel shall schedule and Depose defendant Shaun Ellis. Argument by Mr. Case. Defendants' Motion to Compel Proper Disclosure of Plaintiff's "Confidential Witness", filed January 13, 2009 [19], is denied. Counsel shall submit an interrogatory. Court in recess.

10:49 a.m. ORDERED:

10:50 a.m.

Hearing concluded. Total time: 29 min.

2