Asten v. Boulder, City of

Filing 62

Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Evidentiary Hearing held on 3/24/2010; granting in part and denying in part 38 Plaintiff's Motion to Compel, Motion for Sanctions, and Motion to Strike; and granting in part and denying in part 54 Defendants' Motion to Compel Discovery Responses. (Court Reporter FTR - C. Coomes) (mehcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MAGISTRATE JUDGE MICHAEL E. HEGARTY Civil Action No. 08-cv-00845-PAB-MEH Courtroom Deputy: Cathy Coomes
SYLVIA M. ASTEN,

Date: March 24, 2010 FTR ­ Courtroom C203
Terry Wallace

Plaintiff, vs.
CITY OF BOULDER, PATRICK COMPTON, and JEREMY FRENZEN, Katherine M. L. Pratt L. Douglas Jewell

Defendants. COURTROOM MINUTES/MINUTE ORDER EVIDENTIARY HEARING ­ Plaintiff's Motion to Compel Defendant to answer certain interrogatories, to strike certain of Defendants' affirmative defenses, and for sanctions against Defendants for spoliation of evidence (Doc. #38, filed 1/25/10); and Defendants' Motion to Compel Discovery Responses (Doc. #54, filed 3/15/10) Court in session: 8:15 a.m.

Court calls case. Appearances of counsel. Argument and discussion regarding Plaintiff's Motion to Compel Defendant to answer certain interrogatories, to strike certain of Defendants' affirmative defenses, and for sanctions against Defendants for spoliation of evidence (Doc. #38, filed 1/25/10). Plaintiff's Exhibit 1 is tendered to the Court. 8:50 a.m. Commander Ron Gosage is sworn, cross-examined by Mr. Wallace, and questioned by the Court. Plaintiff's Exhibit 2 is identified and admitted. Plaintiff's Exhibit 1 is admitted. Commander Ron Gosage is excused. Sergeant Jeff Kessler is sworn, cross-examined by Mr. Wallace, questioned by the Court, and examined by Ms. Pratt. Defendants' Exhibits B and A are identified. Sergeant Jeff Kessler is excused.

9:01 a.m. 9:09 a.m.

9:24 a.m.

Further argument and discuss regarding Plaintiff's Motions (Doc. #38). Argument and discussion regarding Defendants' Motion to Compel Discovery Responses (Doc. #54, filed 3/15/10). Discussion regarding the signature page and service of the written discovery responses. ORDERED: As stated on the record, Plaintiff's Motion to Compel Defendant to answer certain interrogatories, to strike certain of Defendants' affirmative defenses, and for sanctions against Defendants for spoliation of evidence (Doc. #38, filed 1/25/10); and Defendants' Motion to Compel Discovery Responses (Doc. #54, filed 3/15/10) are GRANTED in part and DENIED in part. Court in recess: 10:00 a.m. (Hearing concluded) Total time in court: 1:45