Sandoval v. Martinez-Barnish et al

Filing 66

MINUTE ORDER. Plaintiffs Motion for Reconsideration of Unopposed Motion to Reset Evidentiary Hearing 64 is granted. The evidentiary hearing set for 07/15/2010, at 10:00 a.m., is vacated and reset to 08/18/2010, at 3:00 p.m. in Courtroom A-502. The parties shall file their exhibit lists, witness lists, and any memoranda of law no later than 12 noon on 08/11/2010. By Magistrate Judge Michael J. Watanabe on 07/02/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02434-REB-MJW CINDY H. SANDOVAL, Plaintiff, v. ANNA MARTINEZ-BARNISH, Defendant. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that the plaintiff's Motion for Reconsideration of Unopposed Motion to Reset Evidentiary Hearing (Docket No. 64) is granted. The evidentiary hearing set for July 15, 2010, at 10:00 a.m., is vacated and reset to August 18, 2010, at 3:00 p.m. in Courtroom A-502, Fifth Floor, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. The court once again notes that the burden will be on the plaintiff to establish specific facts rebutting the certification that Anna Martinez-Barnish was acting within the scope of her federal employment at the time of the alleged incident. Richman v. Straley, 48 F.3d 1139, 1145 (10th Cir. 1995) ("This certification, although subject to de novo review, is prima facie evidence that an employee's challenged conduct was within the scope of his employment. The plaintiff then bears the burden of rebutting the scope-of-employment certification with specific facts."). It is further ORDERED that the parties shall file their exhibit lists, witness lists, and any memoranda of law no later than 12 noon on August 11, 2010. Date: July 2, 2010