Fourhorn et al v. Denver, City and County of et al

Filing 190

Minute Entry for proceedings held before Judge Marcia S. Krieger: Motion Hearing held on 6/5/2009. 110 Motion to Set Aside is DENIED ; The Court overrules defendants' 166 objections and affirms Order; 168 APPEAL OF MAGISTRATE JUDGE DECISI ON to District Court is overruled solely because it is moot; 180 Motion to Strike is DENIED as moot; denying 19 Motion to Sever is DENIED with leave to renew at time of ruling on dispositive motion. (Court Reporter Paul Zuckerman.) (mskcd) Modified on 6/9/2009 edit text from Report and Recommendation to Order (wjc, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: June 5, 2009

Civil Action No. 08-cv-01693-MSK-KLM P a r t i e s: MUSE JAMA, JOSE ERNESTO IBARRA, DENNIS MICHAEL SMITH, and SAMUEL POWELL MOORE, Plaintiff, v. CITY AND COUNTY OF DENVER, MARK DALVIT, a detective with the Denver Police Department, in his individual capacity, CURT PETERSON, an officer with the Denver Police Department, in his individual capacity, JOHN BISHOP, an officer with the Denver Police Department, in his individual capacity, C.A.M., whose true name is unknown, a law enforcement officer working for the City and County of Denver, in his or her individual capacity, CHOICE JOHNSON, an officer with the Denver Police Department, in his individual capacity, ANDREW RICHMOND, an officer with the Denver Police Department, in his individual capacity, and PAUL ORTEGA, a sergeant with the Denver Sheriff Department, in his individual capacity, Defendants. COURTROOM MINUTES HEARING: Law and Motion Stuart Shapiro L. Douglas Jewell Sonja McKenzie Thomas Rice Counsel Appearing: Mark Silverstein Taylor Pendergrass Ty Cheung Gee

Courtroom Minutes Judge Marcia S. Krieger Page 2 3:04 p.m. Court in session

The Court addresses Motion to Sever. Argument by Mr. Rice on behalf of all defendants and Mr. Gee on behalf of plaintiffs. ORDER: Defendants' Motion to Sever (Doc. #19) is DENIED with leave to renew at the time the ruling on the dispositive motion has been made

The Court addresses Defendant City and County of Denver's Motion to Set Aside (Doc. #110) Argument by counsel Shapiro and Gee. ORDER: Defendant's Motion to Set Aside the judgment in favor of Plaintiff Davis is DENIED.

The Court addresses Defendant's Objections (Doc. #166) to the Magistrate Judge's April 27, 2009 Order (Doc# 153) granting Carlos Sanchez's Motion to Intervene (Doc. # 117). No further argument. ORDER: the Defendants' objections are overruled and the Court affirms the Magistrate Judge's Order (Doc. #153) permitting Mr. Sanchez's intervention.

The Court addresses Defendants' Objections (# 168) to the Magistrate Judge's April 29, 2009 Order (# 155) granting in part the Plaintiffs' Motion for Approval to Disclose Discrete Statements Made In a Settlement Conference (# 130). No further argument. ORDER: the Defendants objections are overruled soley because they are moot

The Court addresses Plaintiffs' Renewed Motion to Strike (# 180). No further argument. ORDER: The Plaintiffs' Motion to Strike (Doc. #180) is DENIED as moot.

4:16 p.m. Court in recess. Total Time: 1 hour 12 minutes. Hearing concluded.