McCulley et al v. Board of County Commissioners of the County of Jefferson, Colorado, The et al

Filing 43

Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 7/21/2009. 21 Motion to Dismiss submitted and under advisement. Written order shall issue. (Court Reporter Janet Coppock) (pabcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER COURTROOM MINUTES Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Date: July 21, 2009 Time: one hour and 32 minutes

CASE NO. 09-cv-00563-PAB-BNB Parties JOHN MCCULLEY, and CARMEN MCCULLEY, Plaintiff (s), vs. TED MINK, Sheriff of Jefferson County, Colorado, CARLA ZINANTI, DEPARTMENT MANAGER OF ANIMAL CONTROL SECTION OF JEFFERSON COUNTY, COLORADO, COLORADO SHERIFF'S OFFICE, and KAYCEE STARKEY, Defendant (s). Writer Mott Tom Walsh Counsel Caroline Cooley Ryann Payton

MOTION HEARING 10:05 a.m. COURT IN SESSION

APPEARANCES OF COUNSEL.

Page Two 09-cv-00563-PAB-BNB July 21, 2009 Defendants Ted Mink and Carla Zinanti's Motion to Dismiss Amended Complaint (Doc #21), filed 4/27/09. Counsel shall address the motion in pieces, beginning with the 1st cause of action and issue of open fields doctrine. 10:06 a.m. Argument by Mr. Mott. Questions by the Court.

Parties stipulate to the findings of fact. Exhibit 1 (findings of fact) is ADMITTED for purposes of these proceedings. 10:28 a.m. 10:49 a.m. Argument by Ms. Cooley. Questions by the Court. Rebuttal argument by Mr. Mott. Questions by the Court

Court converts Defendants Ted Mink and Carla Zinanti's Motion to Dismiss Amended Complaint to Motion for Summary Judgement in part, pursuant to Rule 12(d). Court states its findings and conclusions. ORDERED: Summary judgment is GRANTED as to the 1st cause of action and open fields doctrine. 11:13 a.m. 11:22 a.m. COURT IN RECESS COURT IN SESSION

Counsel shall address whether the claims against defendants Mink and Zinanti are not time barred by the statute of limitations. 11:23 a.m. 11:34 a.m. Argument by Ms. Cooley. Argument by Mr. Mott.

Counsel shall address remaining issues raised in the motion for summary judgment. 11:39 a.m. Argument by Mr. Mott.

Page Three 09-cv-00563-PAB-BNB July 21, 2009 11:42 a.m. Argument by Ms. Cooley conceding that the willful wanton arguments made were based in a wrongful Fourth Amendment violation, given the Court's ruling on open fields doctrine.

ORDERED: Court will take remaining claims in Defendants Ted Mink and Carla Zinanti's Motion to Dismiss Amended Complaint (Doc #21), filed 4/27/09. UNDER ADVISEMENT. Written order shall issue. Discussion regarding any additional motions that may be filed. 11:46 a.m. COURT IN RECESS 92 minutes

Total in court time: Hearing concluded