Cardenas et al v. Banner Health et al

Filing 62

Minute Entry - Courtroom Minutes for Motion Hearing held on 3/22/2011 before Judge Richard P. Matsch. ORDERED: Defendants Ruegg and Ponder's Motion for Summary Judgment Based on Qualified Immunity, filed October 20, 2010 47 , is granted dismiss ing First Claim for Relief under 42 U.S.C. § 1983. Defendant Banner Health's Motion for Summary Judgment, filed October 20, 2010 48 , is granted as to First Claim for Relief under 42 U.S.C. § 1983. Second, Third and Fourth Claims for Relief are dismissed without prejudice forlack of jurisdiction. (FTR: K. Terasaki) (rpmcd )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: March 22, 2011 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________________ Civil Action No. 09-cv-00610-RPM LIZBETH CARDENAS and GEORGE WITTNER, parents and next friends to Decedent, Ian Wittner, and LIZBETH CARDENAS as Personal Representative of the Estate of Ian Wittner, Plaintiffs, v. BANNER HEALTH, an Arizona nonprofit organization ROBERT GEORGE RUEGG, M.D.; and SUSAN J. PONDER, R.N., Tracy L. Van Pelt Jordan Factor Eric L. Steiner Daniel P. Gerash

Defendants. ____________________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________________ Hearing on Motions for Summary Judgment on First Claim for Relief 2:00 p.m. Court in session.

Court's preliminary remarks and states its understanding of the core facts. Argument by Ms. Van Pelt [47] and [48]. Argument by Mr. Factor. Court's findings as stated on record. ORDERED: Defendants Ruegg and Ponder's Motion for Summary Judgment Based on Qualified Immunity, filed October 20, 2010 [47], is granted dismissing First Claim for Relief under 42 U.S.C. § 1983. Defendant Banner Health's Motion for Summary Judgment, filed October 20, 2010 [48], is granted as to First Claim for Relief under 42 U.S.C. § 1983. Second, Third and Fourth Claims for Relief are dismissed without prejudice for lack of jurisdiction. 2:33 p.m. Court in recess.
Hearing concluded. Total time: 33 min.