Western Tradition Partnership et al v. City of Longmont, The et al

Filing 24

Minute Entry for proceedings held before Judge Walker D. Miller: taking under advisement 6 Motion for Preliminary Injunction; Evidentiary Hearing held on 10/15/2009; Motion Hearing continued to 10/19/2009 03:00 PM in Courtroom A 902 before Judge Walker D. Miller. (Court Reporter Gwen Daniel.) (Attachments: # 1 Plaintiffs Witness List, # 2 Plaintiffs Exhibit List) (wydcd, rrk)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Walker D. Miller Courtroom Deputy: Robert R. Keech Court Reporter: Gwen Daniel Civil Action No. 09-cv-02303-WDM Parties: WESTERN TRADITION PARTNERSHIP, et al., Plaintiffs, v. THE CITY OF LONGMONT, et al. Defendants. COURTROOM MINUTES HEARING ON MOTION FOR PRELIMINARY INJUNCTION 2:29 p.m. Court in Session. Appearances of counsel. Plaintiffs' Motion for Preliminary Injunction [doc. #6], filed October 2, 2009, is raised for argument. 2:31 p.m. 2:37 p.m. 2:44 p.m. Discussion regarding schedule for this hearing. Opening statement by Plaintiffs (Mr. Gessler). Plaintiffs' witness Julia Pirnack sworn. Direct examination by Plaintiffs (Mr. Gessler). Exhibits 1-10 RECEIVED. Thomas J. Lyons Eugene Tsung-yu Mei Counsel: Scott E. Gessler Mario D. Nicolais Date: October 15, 2009 Time: 1:56

2:52 p.m. 2:58 p.m.

Cross examination by Defendants (Mr. Lyons). Plaintiffs' witness Chris Rodriguez sworn. Direct examination by Plaintiffs (Mr. Gessler). EX ID: 9, 3, 4, 5, 6, 7

3:08 p.m. 3:13 p.m. 3:15 p.m.

Cross examination by Defendants (Mr. Lyons). Re-Direct examination by Plaintiffs (Mr. Gessler). Plaintiffs' witness Deanna Dyer sworn. Direct examination by Plaintiffs (Mr. Gessler).

3:23 p.m. 3:24 p.m. 3:26 p.m.

Cross examination by Defendants (Mr. Lyons). Re-Direct examination by Plaintiffs (Mr. Gessler). Plaintiffs' witness Donald Ferguson sworn. Direct examination by Plaintiffs (Mr. Gessler). EX ID: 16, 17, 18

Exhibits 16, 17, 18 RECEIVED. 3:35 p.m. 3:41 p.m. 3:55 p.m. Cross examination by Defendants (Mr. Lyons). EX ID: B, C, D, E Court in Recess. Court in Session

Exhibits 16A, 17A, 18A RECEIVED. 3:57 p.m. 4:01 p.m. Cross examination by Defendants continues (Mr. Lyons). Plaintiffs' witness Jacob Leis sworn. Direct examination by Plaintiffs (Mr. Gessler). EX ID: 11, 12, 13, 14, 15 Exhibit 13 RECEIVED. Exhibits 11, 12 REFUSED.

Exhibits 14, 15 REFUSED. 4:13 p.m. 4:15 p.m. Cross examination by Defendants (Mr. Lyons). EX ID: 16 Plaintiffs' witness Steven Noel sworn. Direct examination by Plaintiffs (Mr. Gessler). EX ID: 4, 5, 19 4:22 p.m. 4:26 p.m. 4:27 p.m. 4:30 p.m. 4:33 p.m. 4:35 p.m. Cross examination by Defendants (Mr. Lyons). EX ID: 5, 4 Plaintiffs rest Argument by Plaintiffs (Mr. Gessler). Argument by Defendants (Mr. Lyons). Argument by Plaintiffs (Mr. Gessler). Argument by Defendants (Mr. Lyons).

ORDERED: Plaintiffs' Motion for Preliminary Injunction [doc. #6], filed October 2, 2009, is TAKEN UNDER ADVISEMENT. ORDERED: This hearing is CONTINUED until Monday, October 19, 2009, at 3:00 p.m., in courtroom A-902 at which time the Court will issue a ruling. 4:39 p.m. Court in Recess. EXHIBITS ARE RETURNED TO COUNSEL AT THE CONCLUSION OF THE HEARING. 1:56

CLERK'S NOTE:

Total in-court time: Hearing continued.