Carbajal v. Warner et al
Filing
372
ORDER granting in part and denying in part 364 Plaintiffs Motion for Leave to Allow a Representative from the Plaintiffs Defense Team to Be Present with Myrl Serra and Gwen Serra for the Scheduled Sanctions Hearing or in [the] Alternative the Plaintiff Contemporaneously Objects to the Denial of Fairness and Order, by Magistrate Judge Kristen L. Mix on 8/30/2012.(ervsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-02862-REB-KLM
DEAN CARBAJAL,
Plaintiff,
v.
MYRL SERRA, in his individual capacity,
SHERRI PRICE, in her individual capacity,
CAROL WARNER, in her individual capacity,
DAVID ROMERO, in his individual capacity,
JOE QUINTANA, in his individual capacity,
BILL RAILEY, in his individual capacity,
CHRIS WELDON, in his individual capacity,
BENJAMIN SCHROEDER, in his individual capacity,
GILBERTO LUCIO, in his individual capacity,
JAMES DIXON, in his individual capacity,
ADAM BARRETT, in his individual capacity,
JOEL SMITH, in his individual capacity,
JESSE REMBERT, in his individual capacity,
JAY LOPEZ, in his individual capacity,
MICHAEL O’NEILL, in his individual capacity,
BOARD OF COUNTY COMMISSIONER OF DELTA COUNTY, a political subdivision of
the State of Colorado,
CITY AND COUNTY OF DENVER, a political subdivision of the State of Colorado,
DARIN DESEL, Police Officer for the Denver Police Department, in his individual
capacity,
FRED MCKEE, Sheriff for the Delta Sheriff’s Department, in his individual capacity,
PERRY SPEELMAN, Police Officer for the Denver Police Department, in his individual
capacity, and
UNKNOWN REPRESENTATIVE, Representative of Patricia Kramer’s Estate, former
Deputy District Attorney for the Seventh Judicial District, in her individual capacity,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
-1-
This matter is before the Court on Plaintiff’s Motion for Leave to Allow a
Representative from the Plaintiff’s Defense Team to Be Present with Myrl Serra and
Gwen Serra for the Scheduled Sanctions Hearing or in [the] Alternative the Plaintiff
Contemporaneously Objects to the Denial of Fairness and Order [Docket No. 364;
Filed August 28, 2012] (the “Motion”). Plaintiff makes several requests in the Motion. First,
Plaintiff seeks leave of the Court to allow witnesses Jess Jimenez and Victoria Carbajal to
appear by phone as they “will likely present rebuttal testimony.” Motion [#364] at 3.
Second, Plaintiff seeks permission from the Court “to have a representative of their [sic]
choosing to be present with a video camera to record Gwen Serra’s testimony at her
residence with Myrl Serra.” Motion [#364] at 3. Third, Plaintiff objects “to the denial of a
fair opportunity to litigate his petition for sanctions and the obvious unreliability of these
proceeding[s] that will be born of lack of supervision and direct confrontation.” Motion
[#364] at 3.
IT IS HEREBY ORDERED that the Motion [#364] is GRANTED in part and DENIED
in part, as follows:
1) Witness Gwen Serra shall provide her telephone testimony outside of the
presence of anyone other than her attorney, if she has one. Defendant Myrl Serra may not
act as her attorney for purposes of the hearing.
2) Witnesses Jess Jimenez and Victoria Carbajal may appear at the Evidentiary
Hearing by telephone.
3) All other relief sought by Plaintiff in the Motion is DENIED.
IT IS FURTHER ORDERED, sua sponte, that the parties shall take special notice
of these REVISED call in procedures for the Evidentiary Hearing to be held on September
10, 2012 at 2:30 p.m. Each person attending the hearing by telephone shall separately dial
the Court at 888-363-4749. The caller will be asked to enter an Access Code, which is
2115325. Plaintiff and counsel for Defendant must notify all witnesses who will appear and
testify at the hearing by telephone that they must also dial in at the beginning of the
hearing. The Court will set a schedule for their testimony at that time. The parties are not
required to conference together before dialing the telephone number provided above.
IT IS FURTHER ORDERED that the Clerk of the Court shall electronically mail a
copy of this Minute Order to the legal assistant for the Department of Corrections at the
following address: service_of_process@doc.state.co.us and shall mail a courtesy copy of
this Minute Order to the case manager for Plaintiff at his facility.
Dated: August 30, 2012
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?