Crosby v. Heil et al

Filing 120

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Motion Hearing held on 5/31/2011, denying without prejudice 104 Plaintiff's Motion to Deny Defendant's [sic] Motion for Summary Jud gment, and denying 117 Plaintiff's Motion to Compel Discovery. Telephonic Status Conference set for 6/8/2011 at 9:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Telephonic Final Pretrial Conference set for 10/5/2011 09:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (FTR: C. Coomes -- Courtroom A-501) (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE MICHAEL E. HEGARTY
Civil Action No. 10-cv-00951-WJM-MEH
Courtroom Deputy: Cathy Coomes

Date: May 31, 2011
FTR – Courtroom A501

DAVID JAMES CROSBY,

Pro Se (by telephone)

Plaintiff,
vs.
MARGARET HEIL,
J. D. SCOLLARD,
CHRISTINE TYLER,
CHRISTINA MARQUEZ,
RICH LINS,
BURL MCCULLAR,
JAYLYNNE KOCH,
SAMUEL DUNLAP, and
CAPT. CRISTELLI,

Robert Huss

Defendants.

COURTROOM MINUTES/MINUTE ORDER
TELEPHONIC MOTION HEARING
Court in session:

1:38 p.m.

Court calls case. Appearances of pro se Plaintiff by telephone and counsel for Defendants.
Plaintiff states that he has not yet received a copy of Defendants’ response to his Motion to Deny
Defendant’s [sic] Motion for Summary Judgement Pursuant to Rule 56(f) [Doc. #104, filed
5/16/11] and requests a continuance of this hearing. Mr. Huss states that the response was mailed
on May 26, 2011, and probably has not reached Plaintiff due to the weekend and holiday.
The Court will go forward with argument on the motion at this time.
Argument and discussion regarding Plaintiff’s Motion to Deny Defendant’s [sic] Motion for
Summary Judgement Pursuant to Rule 56(f) [Doc. #104, filed 5/16/11].
ORDERED: 1.

Plaintiff’s Motion to Deny Defendant’s [sic] Motion for Summary
Judgement Pursuant to Rule 56(f) [Doc. #104, filed 5/16/11] is DENIED
without prejudice as stated on the record.

2.

A Telephonic Status Conference is set for June 8, 2011, at 9:45 a.m.
Plaintiff shall participate in this conference by telephone. Plaintiff and his
case manager, or a representative of the facility, shall contact the Court at
[phone] on the above date and time in order to participate. Mr.
Huss may also appear by telephone. The hearing may be vacated if the
letters to be sent by Plaintiff by June 3, 2011, to Byron Wright and Milton
McConnell are acceptable.

Plaintiff requests an additional 30 days to respond to Defendants’ Motion for Summary
Judgment. Mr. Huss has no objection to the extension.
ORDERED: 3.

Plaintiff shall have to and including July 7, 2011, to respond to
Defendants’ Motion for Summary Judgment.

Argument and discussion regarding Plaintiff’s Motion to Compel Discovery (Doc. #117, filed
5/27/11). The Court advises Plaintiff that Defendants filed a response to the motion on May 30,
2011.
ORDERED: 4.

Plaintiff’s Motion to Compel Discovery (Doc. #117, filed 5/27/11) is
DENIED as stated on the record.

Discussion regarding resetting the Final Pretrial Conference.
ORDERED: 5.

The Final Pretrial Conference set for August 5, 2011, is reset for October
5, 2011, at 9:30 a.m. Plaintiff shall participate in this conference by
telephone. Plaintiff and his case manager, or a representative of the
facility, shall contact the Court at [phone] on the above date and
time in order to participate. The parties shall submit their proposed
pretrial order, pursuant to District of Colorado Electronic Case Filing
(“ECF”) Procedures V.L. no later than five (5) business days prior to the
pretrial conference. The proposed pretrial order to be submitted to the
Magistrate Judge under the ECF Procedures must be submitted in a
useable format (i.e., WordPerfect or Word only) and shall be emailed to
the Magistrate Judge at [e-mail].

Court in recess:
2:08 p.m. (Hearing /concluded)
Total time in court: 0:30