Bennett v. El Paso, County of et al

Filing 56

Minute Entry - Courtroom Minutes for Motion Hearing held on 7/28/2009 before Judge Richard P. Matsch. ORDERED: Fourth Claim for Relief State Law Claims are withdrawn. Defendants' Combined Motion to Dismiss and Motion for Summary Judgment, filed May 1, 2009 43 , is denied. Proposed Agreed Pretrial Order due by 4:00 p.m. 12/18/2009., 5 day jury trial set for 1/11/2010 at 08:30 AM. (Reporter FTR - K. Terasaki) (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: July 28, 2009 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________ Civil Action No. 08-cv-00543-RPM JILES THERON BENNETT, Plaintiff, v. OFFICE OF EL PASO COUNTY SHERIFF, Jessica K. Muzzio EL PASO COUNTY SHERIFF TERRY MAKETA, Gordon L. Vaughan individually and in his capacity as Sheriff for El Paso County, EL PASO COUNTY SHERIFF'S DEPUTY JEROME MERCADO-VARGAS, individually and in his capacity as Deputy Sheriff for El Paso County, Defendants ____________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________ Hearing on Combined Motion to Dismiss and for Summary Judgment 9:58 a.m. Court in session. Richard L. Tegtmeier

Court's preliminary remarks. Mr. Tegtmeier states the claims against the Sheriff are as an office not as an individual and the state law claims are withdrawn. Court states its understanding of the case. ORDERED: 10:04 a.m. ORDERED: ORDERED: Fourth Claim for Relief State Law Claims are withdrawn. Argument by Ms. Muzzio. Defendants' Combined Motion to Dismiss and Motion for Summary Judgment, filed May 1, 2009 [43], is denied. 5 day trial to jury set January 11, 2010 at 8:30 a.m.

Statements by Mr. Tegtmeier regarding plaintiff's claim for medicals / injuries. ORDERED: 10:30 a.m. Proposed agreed pretrial order to be submitted directly to chambers by 4:00 p.m. December 18, 2009. Court in recess.
Hearing concluded. Total time: 32 min.