Booker et al v. City and County of Denver et al

Filing 171

MINUTE ENTRY for In Court Hearing held before Judge R. Brooke Jackson on 12/5/2012. Granting in part and denying in part 97 Motion for Summary Judgment. Claims 5 and 6 are DISMISSED. Denying 121 Motion for Leave; Granting 126 Motion for Orde r; Granting 142 Motion for Leave; Granting 148 Motion to Compel; Granting 151 Motion to Amend/Correct/Modify. Trial Preparation Conference reset to 12/17/2012 at 8:30 AM in Courtroom A902 before Judge R. Brooke Jackson. Court Reporter: Kara Spitler. (lag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE R. BROOKE JACKSON

Courtroom Deputy: Laura Galera
Court Reporter:
Kara Spitler

Date: December 5, 2012

Civil Action No. 11-cv-00645-RBJ-KMT
Parties:

Counsel:

ESTATE OF MARVIN L. BOOKER,
B,R, BOOKER, SR., and
ROXEY A. WALTON,

Darold Killmer
Lauren Fontana
Mari Newman

Plaintiffs,
v.
CITY AND COUNTY OF DENVER,
FAUN GOMEZ,
JAMES GRIMES,
KYLE SHARP,
KENNETH ROBINETTE,
CARRIE RODRIGUEZ,
DENVER HEALTH AND HOSPITAL
AUTHORITY,
GAIL GEORGE, and
SUSAN CRYER,

Eric Ziporin
Thomas Rice and Robert Stephen Hall
Jonathan Abramson
David Colt

Brent Johnson
Scott Nixon

Defendants.

COURTROOM MINUTES

IN COURT HEARING
Court in session:

1:13 p.m.

Appearances of counsel.
Opening remarks by the Court.

1:19 p.m.

Argument by Mr. Killmer as to Defendants’ Combined Motion and Memorandum
Brief in Support of Motion for Summary Judgment [97].

1:29 p.m.

Argument by Mr. Ziporin as to Defendants’ Combined Motion and Memorandum
Brief in Support of Motion for Summary Judgment [97].

1:49 p.m.

Rebuttal argument by Mr. Killmer.

Discussion regarding Plaintiffs’ Motion to Permit Further Discovery Pursuant to Federal Rule of
Civil Procedure 56(d) [121].
2:27 p.m.

Argument by Mr. Killmer as to the Motion for Determination of Confidentiality
Designation [126].

2:33 p.m.

Argument by Mr. Ziporin as to the Motion for Determination of Confidentiality
Designation [126].

2:36 p.m.

Continued argument by Mr. Killmer.

2:42 p.m.

Argument by Mr. Ziporin as to Defendants’ Motion for Leave to Conduct
Depositions of Witnesses Disclosed After the Discovery Deadline [142].

2:43 p.m.

Argument by Mr. Killmer as to Defendants’ Motion for Leave to Conduct
Depositions of Witnesses Disclosed After the Discovery Deadline [142].

2:44 p.m.

Argument by Mr. Rice as to Motion for Order Compelling Discovery [148].

2:46 p.m.

Argument by Mr. Killmer as to Motion for Order Compelling Discovery [148].

Discussion regarding Plaintiffs’ Motion for Separate Trials [154].
Discussion regarding jury instructions.
For the reasons and findings as stated on the record, it is;
ORDERED: Defendants’ Combined Motion and Memorandum Brief in Support of Motion for
Summary Judgment [97] is GRANTED IN PART AND DENIED IN PART. The
motion is denied with respect to Claims 1, 2, 3 and 4 as well as the claims against
The City and County of Denver and the individual law enforcement defendants.
The motion is granted as to Claims 5 and 6. Claims 5 and 6 are DISMISSED.
ORDERED: Plaintiffs’ Motion to Permit Further Discovery Pursuant to Federal Rule of Civil
Procedure 56(d) [121] is DENIED.

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ORDERED: Motion for Determination of Confidentiality Designation [126] is GRANTED
with respect to restriction of the document from public access.
ORDERED: Defendants’ Motion for Leave to Conduct Depositions of Witnesses Disclosed
After the Discovery Deadline [142] is GRANTED.
ORDERED: Motion for Order Compelling Discovery [148] is GRANTED.
ORDERED: Medical Defendants’ Amended Motion for Partial Reconsideration of Minute
Order Setting Pending Motions for Hearing [151] is GRANTED.
ORDERED: Trial Preparation Conference set December 7, 2012 is VACATED and RESET to
December 17, 2012 at 8:30 a.m. Mr. Abramson’s appearance is waived for this
proceeding.
Court in recess:

3:00 p.m.

Hearing concluded.
Total time:

01:47

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