Carbajal v. Warner et al

Filing 181

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Kristen L. Mix: Telephonic Status Conference held on 6/23/2011, denying without prejudice 140 Defendants' Joint Motion to Stay, setting a Scheduling Conference for 10/20/2011 at 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Scheduling Order due by 10/13/2011. (FTR: C. Coomes -- Courtroom C-204) (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kristen L. Mix

Civil Action No.: 10-cv-02862-REB-KLM

FTR - Reporter Deck - Courtroom C-204
Byron G. Rogers United States
Courthouse
Date: June 23, 2011
Courtroom Deputy, Cathy Coomes
_____________________________________________________________________
DEAN CARBAJAL and
VICTORIA CARBAJAL,

Pro se (by telephone)
Pro se

Plaintiff(s),
v.
SEVENTH JUDICIAL DISTRICT,
MANDY ALLEN,
ARVADA CHIEF OF POLICE,
CITY OF ARVADA,
CITY OF DENVER,
THE CITY OF WESTMINSTER,
COLORADO DEPARTMENT OF CORRECTIONS,
A. J. DEANDREA,
DELTA COUNTY BOARD OF COUNTY COMMISSIONERS,
DENVER CHIEF OF POLICE,
LAURIE FREUND,
CHARLES GREENACRE,
DEPUTY HATCH,
JEFF HERRON,
DEPUTY DISTRICT ATTORNEY KRAMER,
JOURDAN LOPEZ-BASGALL,
GILBERTO LUCIO,
PATRICK MEESTER,
SANDRA MILLER,
STEVEN PATRICK,
SHERRI PRICE,
JOE QUINTANA,
BILL RAILEY,
DAVID ROMERO,
JAMES SCHUM,
MYRL SERRA,
B. SHROEDER,

Jeffrey Driscoll
Patrick Sayas
Roberto Ramirez
Robert Wolf
Eric Ziporin
Jennifer Kemp

GREGORY SULLIVAN,
CARROL WARNER,
JEFFREY WATTS,
CHRIS WELDON,
B. WOLFE,
BRIAN ONEILL,
MICHAEL ONEILL,
EDDIE GRUNINGER,
JESSE REMBERT,
JOEL SMITH,
SGT. SPEERMAN,
ADAM BARRETT,
JAMES DIXON,
ABBEGAYLE DORN, and
RICK MAHRE,

Pro se
David Brougham

Defendant(s).
____________________________________________________________________
COURTROOM MINUTES / MINUTE ORDER
HEARING: TELEPHONIC STATUS CONFERENCE
Court in session: 10:09 a.m.
Court calls case. Appearances of counsel and pro se parties.
This matter is before the Court for a Status Conference.
The Court reads the letter to Pro Se litigants to Plaintiffs, a copy is provided to all parties
present in the courtroom, and a copy will be mailed to Mr. Carbajal with a copy of the
Courtroom Minutes.
It is ORDERED:

Mrs. Carbajal may not represent Mr. Carbajal, and Mr. Carbajal
may not represent Mrs. Carbajal.

It is ORDERED:

Mrs. Carbajal may not sign any pleadings for Mr. Carbajal.

The Court discusses with Mrs. Carbajal Defendants’ Joint Notice of Non-Conferral (Doc.
#151).
It is ORDERED:

Mrs. Carbajal must comply with D.C.COLO.LCivR 7.1.

It is ORDERED:

On or before June 30, 2011, Defendants’ counsel shall file a Joint
Notice of Proper Spelling of Defendants’ Names.

It is ORDERED:

Pursuant to the Federal Rules of Civil Procedure, no discovery shall
take place in this case until a Scheduling Conference has been
held.

It is ORDERED:

No further motions shall be filed until a written order has been
issued on the pending Motions to Dismiss.

It is ORDERED:

Defendants’ Joint Motion to Stay (Doc. #140) is DENIED without
prejudice as premature. No discovery will take place until the
Scheduling Conference is held.

It is ORDERED:

A Scheduling Conference is set for October, 20, 2011, at 10:00
a.m. The hearing will be set for one hour. The proposed
Scheduling Order shall be submitted on or before October 13,
2011.

The Court directs Mrs. Carbajal to the court’s website, www.cod.uscourts.gov, to obtain
the proper form to be used in preparing the proposed Scheduling Order. Mrs. Carbajal
is advised that she must confer with Eric Ziporin on behalf of all Defense counsel in the
preparation of the proposed Scheduling Order.
Pursuant to the Minute Order (Doc. #171) entered on June 20, 2011, Plaintiffs’
responses to all pending Motions to Dismiss (Docs. #128, 135, 137, 141, and 142) are
due on or before July 8, 2011; and Defendants replies, if any, are due on or before July
22, 2011.
Mr. Carbajal states that he has already filed responses to the Motions to Dismiss. The
Court advises Mr. Carbajal that he may submit supplements to the motions on or before
July 8, 2011, and that the supplements should be titled as such.
Discussion held regarding what responses have been received by the Clerk of the Court
and Defense counsel from Plaintiff. Counsel indicate that they have now received all
responses from Plaintiff. A copy of the Docket Sheet will be sent to Plaintiffs, along with
a copy of the Courtroom Minutes.
It is ORDERED:

Plaintiffs must send a copy of any and all responses to all defense
attorneys and pro se Defendants. All responses must be signed by
both Plaintiffs.

Discussion held with Mr. Carbajal regarding the issue of substitution of parties and
possible amendments of the complaint, filing a motion to intervene on behalf of Mrs.
Carbajal, changing Mr. Carbajal’s mailing address to Centennial Correctional Facility,
East Canon Complex, P.O. Box 600, Canon City, Colorado 81215-0600, Defendants’
negation and avoidance of service, setting a hearing on the pending Motions to Dismiss
filed by Defendants, and the filing of a Motion for Preliminary Injunction by Mr. Carbajal.
The Court again advises Mr. Carbajal that no motions shall be filed by any party until an
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order on the Motions to Dismiss has been entered.
As to Mr. Carbajal’s potential motion to intervene on behalf of Mrs. Carbajal, the Court
advises Mr. Carbajal that there are no circumstances that would allow that type of
motion to be granted.
The Court states that the issue of proper service will be addressed by the Court at a
later time.
The Court advises Mr. Carbajal that a hearing on the Motions to Dismiss will not be set
at this time.
Discussion with Defendant Greg Sullivan regarding the deadline for his reply to
Plaintiffs’ response (Doc. #155) to his Motion to Dismiss (Doc. #128). The Court directs
Mr. Sullivan to the Clerk’s office to obtain a copy of Plaintiffs’ response (Doc. #155).
It is ORDERED:

Mr. Sullivan’s reply to Plaintiffs’ response to his Motion to Dismiss
(#128) is due on or before July 7, 2011.

Mr. Carbajal requests that Mrs. Carbajal be permitted to respond to motions filed by
Defendants by e-mail. Defense counsel have no objections.
It is ORDERED:

Plaintiffs may respond to any motions filed by Defendants by email.

The Court notes that Plaintiffs’ Response to Defendants’ Joint Motion to Dismiss (Doc.
#174) is actually a response to both Docs. #137 and #141. The Clerk of the Court is
directed to correct this entry on the Docket Sheet.
HEARING CONCLUDED.
Court in recess: 11:06 a.m.
Total In-court time: 57 minutes
To order a transcript of this proceeding, contact Avery Woods Reporting at [phone].

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