Colorado Rail Passenger Association v. Federal Transit Administration

Filing 79

Minute Entry for Evidentiary Hearing proceedings held before Judge John L. Kane on 3/17/2010. Taking under advisement 63 Motion for TRO. (Court Reporter Kara Spitler) (babia)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge John L. Kane Date: March 17, 2010 Deputy Clerk: Bernique Abiakam Court Reporter: Kara Spitler

Civil Action No.: 09-cv-01135-REB Consolidated with Civil Action No.: 10-cv-00462-REB COLORADO RAIL PASSENGER ASSOCIATION, Plaintiff, v. FEDERAL TRANSIT ADMINISTRATION, DENVER UNION STATION PROJECT AUTHORITY, and REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado, Defendants. COURTROOM MINUTES Temporary Restraining Order 10:07 a.m. Court in session. Terry Fox Marla Lien Bob Troyer Philipp C. Theune

(Presiding Senior Judge, John L. Kane) Court calls case. Preliminary remarks by the Court. Argument heard regarding Emergency Motion And Memorandum In Support For A Temporary restraining Order Against Defendants Denver Union Station Project Authority and Regional Transportation District (Filed 3/12/10; Doc. No. 63). 10:08 a.m. 10:45 a.m. 11:02 a.m. Argument by Theune. Argument by Ms. Lien. Argument by Mr. Troyer.

09-cv-01135-REB (JLK presiding) Hearing on TRO March 17, 2010

11:09 a.m. 11:14 a.m. 11:38 a.m. 11:44 a.m. 11:45 a.m. 11:47 a.m. 11:58 a.m. 1:35 p.m. 1:36 p.m. 1:58 p.m. 2:00 p.m. 2:13 p.m. 2:14 p.m. 2:20 p.m. 2:22 p.m. 2:23 p.m. 2:24 p.m.

Argument by Ms. Fox. Plaintiff's witness, Roger P. Hansen, called and sworn. Direct examination begins by Mr. Theune. Cross examination begins by Ms. Fox. Cross examination by Mr. Troyer. Witness excused. Plaintiff's witness, Albert Melcher, called and sworn. Direct examination begins by Mr. Theune. Court in recess. Court in session. Continued direct examination by Mr. Theune. Cross examination begins by Ms. Fox. Cross examination by Mr. Troyer. Witness excused. Plaintiff's witness, Ira Schreiber, called and sworn. Direct examination begins by Mr. Theune. Cross examination begins by Ms. Fox. Cross examination by Ms. Lien. Cross examination by Mr. Troyer Redirect examination by Mr. Theune.

Witness excused. 2:25 p.m. 2:54 p.m. Defendant's witness, Richard Clarke, called and sworn. Direct examination begins by Ms. Lien. Cross examination begins by Mr. Theune.

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09-cv-01135-REB (JLK presiding) Hearing on TRO March 17, 2010

3:08 p.m. 3:09 p.m. 3:10 p.m. 3:11 p.m.

Redirect examination by Ms. Lien. Re-cross examination by Mr. Theune. Witness excused. Defendant's witness, William Mosher, called and sworn. Direct examination begins by Mr. Troyer.

Witness excused. 3:29 p.m. 3:52 p.m. Court in recess. Court in session.

Preliminary remarks by the Court. 3:53 p.m. 4:00 p.m. 4:04 p.m. 4:13 p.m. 4:25 p.m. 4:35 p.m. Closing argument by Mr. Theune. Closing argument by Ms. Fox. Closing argument by Ms. Lien. Questions by the Court. Closing argument by Mr. Troyer. Further argument by Mr. Theune. Questions by the Court. Comments and rulings by the Court.

ORDERED: Emergency Motion And Memorandum In Support For A Temporary restraining Order Against Defendants Denver Union Station Project Authority and Regional Transportation District (Filed 3/12/10; Doc. No. 63) is taken UNDER ADVISEMENT. 4:36 p.m. Court in recess. Hearing concluded. Time in court - 4 hours, 29 minutes.

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