Havens v. Johnson

Filing 114

MINUTE ENTRY for Evidentiary Hearing held before Judge Marcia S. Krieger on 11/3/2011. Witness testimony, exhibits received/refused, and other rulings are as set forth in the Minutes. 89 Motion to Consolidate Cases is GRANTED. The cases are conso lidated for all purposes. This action will proceed with a dual caption but the secondary portion of the caption will be the subsequently filed case. All of the pending motions in the case before Judge Blackburn become pending motions in this case.(Court Reporter: Paul Zuckerman) (mskcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
HONORABLE MARCIA S. KRIEGER
Courtroom Deputy:
Court Reporter:

Patricia Glover
Paul Zuckerman

Date: November 3, 2011

Civil Action No. 09-cv-01380-MSK-MEH
Parties:

Counsel:

DARRELL L. HAVENS,

David Harper
William Muhr

Plaintiff,
v.
WILLIAM JOHNSON, Arvada Police Detective,

Thomas Lyons
Mark Ratner

Defendant.
COURTROOM MINUTES
HEARING: Evidentiary
9:11 a.m.

Court in session

Witness sworn for the plaintiff: Wendy Carlson :
9:12 a.m.
Direct Examination by Mr. Muhr.
EXHIBITS: Received: 17 (Q1; K1-61); 35
Cross examination of witness by Mr. Lyons.
Re-direct examination of witness by Mr. Muhr.
EXHIBITS: Received: 14
Witness sworn for the plaintiff: Perry Haney:
10:04 a.m.
Direct Examination by Mr. Muhr.
EXHIBITS: Received:
Refused:

18

Cross examination of witness by Mr. Ratner.

Courtroom Minutes
Judge Marcia S. Krieger
Page 2
Re-direct examination of witness by Mr. Muhr.
10:37 a.m.
10:49 a.m.

Court in recess
Court in session

Witness sworn for the plaintiff: Robert Lantz, Ph.D :
10:51 a.m.
Direct Examination by Mr. Muhr.
EXHIBITS: Received: 32
Cross examination of witness by Mr. Ratner.
Re-direct examination of witness by Mr. Muhr.
EXHIBITS: Received:

11

Witness sworn for the plaintiff: Dr. Joan Laub:
11:21 a.m.
Direct Examination by Mr. Muhr.
EXHIBITS: Received:

29

Cross examination of witness by Mr. Ratner.
Re-direct examination of witness by Mr. Muhr.
Re-cross examination of witness by Mr. Ratner.
Witness sworn for the plaintiff: Chrystal Havens :
11:43 a.m.
Direct Examination by Mr. Muhr.
Cross examination of witness by Mr. Ratner.
No re-direct examination.
11:56 a.m.
1:08 p.m.

Court in recess.
Court in session

Witness sworn for the plaintiff: Darrell Havens :
1:09 p.m.
Direct Examination by Mr. Muhr.
Cross examination of witness by Mr Lyons.
Re-direct examination of witness by Mr. Muhr.
2:01 p.m.
2:16 p.m.

Court in recess
Court in session

Courtroom Minutes
Judge Marcia S. Krieger
Page 3
Witness sworn for the plaintiff :Allen Fistell :
2:16 p.m.
Direct Examination by Mr. Muhr.
Cross examination of witness by Mr. Ratner.
Re-direct examination of witness by Mr. Muhr.
Plaintiff rests.
Witness sworn for the defendant : Ronald Kimsey :
2:26 p.m.
Direct Examination by Mr. Lyons.
EXHIBITS: Received:

5, 6, 7, 8

Cross examination of witness by Mr. Muhr.
Re-direct examination of witness by Mr. Lyons.
Witness sworn for the defendant :Edward Cetaruk :
2:47 p.m.
Direct Examination by Mr. Ratner.
EXHIBITS: Received:

3

Cross examination of witness by Mr. Muhr.
Re-direct examination of witness by Mr. Ratner.
Defendant rests.
No rebuttal witnesses.
3:17 p.m.
3:35 p.m.

Court in recess
Court in session

Argument.
Oral findings are made of record and incorporated herein.
ORDER:

The remainder of the Motion for Reconsideration (Doc. #76) is GRANTED. The
Order of dismissal previously issued (Doc. #73) is VACATED. Defendant’s
Motion to Dismiss (Doc. #24) is DENIED; the Motion to Consolidate Cases
(Doc. #89) is GRANTED. The cases are consolidated for all purposes. This
action will proceed with a dual caption but the secondary portion of the caption
will be the subsequently filed case. All of the pending motions in the case before
Judge Blackburn become pending motions in this case.

Courtroom Minutes
Judge Marcia S. Krieger
Page 4
The Court recommends that the parties contact Magistrate Judge Hegarty’s chambers to request
another Scheduling Conference, if appropriate.
4:15 p.m.

Court in recess

Total Time: 5 hours 7 minutes.
Hearing concluded.