Colorado Cross-Disability Coalition et al v. Abercrombie & Fitch Co. et al

Filing 192

Courtroom Minutes for Motion for Summary Judgment 162 and 164 held before Judge Wiley Y. Daniel held on 1/24/2013. ORDERED: Plaintiffs' Motion for Summary Judgment and Entry of Injunction and Entry of Judgment 162 , is GRANTED. ORDERE D: Defendants' Motion for Summary Judgment or, in the Alternative, to Vacate August 31, 2011 Order 164 , is DENIED. ORDERED that Plaintiffs shall file a proposed order addressing both ECF Doc. Nos. 162 and 164 with the Court not later than Friday, February 8, 2013. ORDERED that within 45 days of today's date, the parties shall meet and confer to determine if they can resolve this case with a settlement or reach an agreement on the remedy/remedies subject to the Defendants maintaining whatever legal rights they choose to maintain Court Reporter: Tammy Hoffschildt. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
SENIOR JUDGE WILEY Y. DANIEL

Courtroom Deputy:
E.C.R./Reporter:

Ellen E. Miller
Tammy Hoffschildt

Date: January 24, 2013

Civil Action No: 09-cv-02757-WYD-KMT

Counsel:

COLORADO CROSS-DISABILITY
COALITION, et al.,

Amy F. Robertson
Kevin W. Williams
Andrew C. Montoya
Timothy P. Fox

Plaintiffs,
v.
ABERCROMBIE & FITCH CO., et al.,

Mark A. Knueve
Gregory A. Eurich

Defendants.

COURTROOM MINUTES

MOTION HEARING
10:07 a.m.

Court in Session
APPEARANCES OF COUNSEL.
Court’s opening remarks.
Plaintiffs’ Motion for Summary Judgment and Entry of Injunction and Entry of
Judgment (ECF Doc. No. 162), filed April 27, 2012, and Defendants’ Motion for
Summary Judgment or, in the Alternative, to Vacate August 31, 2011 Order (ECF
Doc. No. 164), filed May 3, 2012, are raised for argument.

10:29 a.m.

Argument by Defendants (Mr. Knueve).

10:46 a.m.

Argument by Plaintiffs (Ms. Robertson).

11:01 a.m.

Comments and questions by the Court.

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ORDERED:

Plaintiffs’ Motion for Summary Judgment and Entry of Injunction and Entry of
Judgment (ECF Doc. No. 162), filed April 27, 2012, is GRANTED, for reasons as
set forth on the record. Although the motion is granted, the Court is not imposing
an actual injunction at this time. An injunction, in its written form, will issue at a
future date.

ORDERED:

Defendants’ Motion for Summary Judgment or, in the Alternative, to Vacate
August 31, 2011 Order (ECF Doc. No. 164), filed May 3, 2012, is DENIED in its
entirety, for reasons as set forth on the record. The Court reaffirms its August
31, 2011 Order (ECF Doc. No. 109).

ORDERED:

As set forth on the record, Plaintiffs shall file a proposed order addressing both
ECF Doc. Nos. 162 and 164 with the Court not later than Friday, February 8,
2013.

ORDERED:

Within forty-five (45) days of today’s date, the parties shall meet and confer to
determine if they can resolve this case with a settlement or reach an agreement
on the remedy/remedies subject to the Defendants maintaining whatever legal
rights they choose to maintain. Then, Plaintiffs shall file proposed findings of fact
and conclusions of law (proposed order) as to the Injunction. Should the parties
be unable to reach agreement as to an acceptable remedy/remedies, the parties
are directed to request a hearing.

11:29: a.m.

Court in Recess - HEARING CONCLUDED.

TOTAL TIME: 01:22

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