Riddle et al v. Hickenlooper et al

Filing 28

Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 9/16/2010. ORDER Denying 7 Motion for Preliminary Injunction. ORDER Denying as Moot 21 Motion to Strike. ORDERED: Plaintiffs shall advise the Court if they intend to pursue the case on its merits by Monday, September 20, 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: September 16, 2010 Time: 5 hours and 42 minutes

CASE NO. 10-cv-01857-PAB-KMT Parties JOELLE RIDDLE, GARY HAUSLER, KATHLEEN CURRY, and THE COMMITTEE TO ELECT KATHLEEN CURRY, Plaintiff (s), vs. A. WILLIAM RITTER, in his official capacity as Governor of Colorado and BERNIE BUESCHER, in his official capacity as Secretary of State, State of Colorado, Defendant (s). Maurice Knaizer Matthew Grove Lee Anne Morrill Counsel William Zimsky

HEARING ON MOTION FOR PRELIMINARY INJUNCTION 8:37 a.m. COURT IN SESSION

Page Two 10-cv-01857-PAB-KMT September 16, 2010 APPEARANCES OF COUNSEL. Plaintiffs Joelle Riddle, Kathleen Curry and Gary Hausler are present. Plaintiffs' Second Motion for Preliminary Injunction (Doc #7), filed 8/9/10. ORDERED: Plaintiffs' exhibits 1 through 24 (inclusive) and 26 through 28 (inclusive) are ADMITTED by stipulation. ORDERED: Defendants' exhibits A through J (inclusive), N, O, and P are ADMITTED by stipulation. ORDERED: Defendants' Motion to Strike Affidavit of William E. Zimsky With Attachments (Doc #21), filed 9/13/10, is DENIED as MOOT. 8:43 a.m. 8:55 a.m. 9:11 a.m. Direct examination of plaintiff Kathleen Curry by Mr. Zimsky. Cross examination by Mr. Knaizer. Redirect examination by Mr. Zimsky.

Witness excused. 9:14 a.m. 9:19 a.m. 9:24 a.m. Direct examination of plaintiff Joelle Riddle by Mr. Zimsky. Cross examination by Mr. Knaizer. Redirect examination by Mr. Zimsky.

Witness excused. 9:26 a.m. 9:26 a.m. Direct examination of plaintiff Gary Hausler by Mr. Zimsky. Cross examination by Mr. Knaizer.

Witness excused. 9:31 a.m. Direct examination of plaintiffs' witness Stephen Bouey by Mr. Zimsky.

Witness excused, subject to recall.

Page Three 10-cv-01857-PAB-KMT September 16, 2010 9:41 a.m. 9:59 a.m. 10:08 a.m. Direct examination of defendants' witness Kathryn Mikeworth by Ms. Morrill. Cross examination by Mr. Zimsky. Redirect examination by Ms. Morrill.

Witness excused. 10:10 a.m. Direct examination of defendants' witness Stephen Bouey by Ms. Morrill.

ORDERED: Defendants' request that the Court take judicial notice that the 2006 General Election was held on November 7, 2006, is GRANTED. 10:34 a.m. 10:53 a.m. COURT IN RECESS COURT IN SESSION Cross examination by Mr. Zimsky. 11:01 a.m. Redirect examination by Ms. Morrill.

Witness excused. Defendants' exhibits K and L identified, offered and ADMITTED, over objection by Mr. Zimsky. 11:06 a.m. 11:30 a.m. 11:46 a.m. Direct examination of defendants' witness Ryan Call by Mr. Grove. Cross examination by Mr. Zimsky. Redirect examination by Mr. Grove.

Witness excused. 11:48 a.m. 1:04 p.m. COURT IN RECESS COURT IN SESSION Direct examination of defendants' witness Thomas Rogers by Mr. Grove.

Page Four 10-cv-01857-PAB-KMT September 16, 2010 1:17 p.m. 1:21 p.m. Cross examination by Mr. Zimsky. Redirect examination by Mr. Grove.

Witness excused. 1:22 p.m. 1:28 p.m. 1:29 p.m. Rebuttal examination of plaintiff Kathleen Curry by Mr. Zimsky. Cross examination by Mr. Knaizer. Redirect examination by Mr. Zimsky.

Witness excused. 1:30 p.m. 2:16 p.m. 2:40 p.m. 2:45 p.m. 3:21 p.m. Argument by Mr. Zimsky. Questions by the Court. Argument by Mr. Grove. Questions by the Court. Rebuttal argument by Mr. Zimsky. COURT IN RECESS COURT IN SESSION

Court states its findings of fact and conclusions of law. ORDERED: Plaintiffs' Second Motion for Preliminary Injunction (Doc #7), filed 8/9/10, is DENIED. Discussion regarding Defendants' Motion for Order to Certify Questions to the Colorado Supreme Court (Doc #11), filed 8/17/10. ORDERED: Mr. Zimsky's request for time to confer with his clients to determine if they plan to pursue this case on its merits is GRANTED. Mr. Zimsky shall advise the Court by Monday, September 20, 2010. 4:30 p.m. COURT IN RECESS 342 minutes

Total in court time: Hearing concluded