Independence Institute, The et al v. Buescher

Filing 57

Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 6/2/2010. taking under advisement 15 Motion for Preliminary Injunction. ORDERED: Counsel may simultaneously file briefs addressing the propriety of a federal court declaring a state statute violative of a state Constitution in this case by 12:00 noon on June 4, 2010. (Court Reporter Janet Coppock) (pabcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER COURTROOM MINUTES Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Date: June 2, 2010 Time: 5 hours and 15 minutes

CASE NO. 10-cv-00609-PAB-MEH Parties INDEPENDENCE INSTITUTE, JON CALDARA, DENNIS POLHILL, JESSICA CORRY, MASON TVERT, RUSSELL HASS, DOUGLAS CAMPBELL, LOUIS SCHROEDER, and SCOTT LAMM, Plaintiff (s), vs. BERNIE BUESCHER, Defendant (s). Matthew Grove Maurice Knaizer Melody Mirbaba Katherine Mikeworth Counsel David Lane Lisa Sahli

CONTINUED HEARING ON MOTION FOR PRELIMINARY INJUNCTION 8:39 a.m. COURT IN SESSION

Page Two 10-cv-00609-PAB-MEH June 2, 2010 APPEARANCES OF COUNSEL. Plaintiff Jon Caldara is present. Plaintiffs' Motion for Preliminary Injunction (Doc #15), filed 4/12/10 Defendant withdraws question to plaintiffs' witness Carl Childers regarding an alleged felony conviction. 8:40 a.m. 9:16 a.m. 9:53 a.m. Direct examination of defendant's witness Kathryn Mikeworth by Ms. Mirbaba. Cross examination by Mr. Lane. Redirect examination by Ms. Mirbaba.

Witness excused. 9:57 a.m. 10:20 a.m. 10:40 a.m. Direct examination of defendant's witness Jennifer Brown by Ms. Mirbaba. COURT IN RECESS COURT IN SESSION Cross examination by Mr. Lane. 11:00 a.m. Redirect examination by Ms. Mirbaba.

Witness excused. 11:02 a.m. 11:18 a.m. 11:37 a.m. Direct examination of defendant's witness Wayne Munster by Ms. Mirbaba. Cross examination by Mr. Lane. Redirect examination by Ms. Mirbaba.

Witness excused. 11:40 a.m. Direct examination of defendant's witness Robert McNeil by Ms. Mirbaba.

Page Three 10-cv-00609-PAB-MEH June 2, 2010 11:56 a.m. 1:39 p.m. COURT IN RECESS COURT IN SESSION Direct examination by Ms. Mirbaba continues. 1:43 p.m. Cross examination by Mr. Lane.

Witness excused. 1:54 p.m. 2:45 p.m. 3:32 p.m. 3:50 p.m. Argument by Mr. Lane in support of plaintiffs' motion. Questions by the Court. Argument by Mr. Knaizer. Questions by the Court. COURT IN RECESS COURT IN SESSION Argument by Mr. Knaizer continues. 4:04 p.m. Rebuttal argument by Mr. Lane.

ORDERED: Counsel may simultaneously file briefs addressing the propriety of a federal court declaring a state statute violative of a state Constitution in this case by 12:00 noon on June 4, 2010. 4:15 p.m. COURT IN RECESS 315 minutes

Total in court time: Hearing concluded