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

Filing 93

MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 7/9/2012, granting in part and denying in part 78 Motion to Compel and granting 88 Motion to Amend/Correct/Modify. FTR: Courtroom C-201. (kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11-cv-00645-RBJ-KMT

FTR - Courtroom C-201

Date: July 9, 2012

Deputy Clerk, Nick Richards

ESTATE OF MARVIN L. BOOKER,
REVEREND B.R. BOOKER, SR., and
ROXEY A. WALTON, as Co-Personal
Representatives,

Darold W. Killmer
Lauren Louise Fontana

Plaintiffs,
v.
CITY AND COUNTY OF DENVER,
DEPUTY FAUN GOMEZ, individually and in her
official capacity,
DEPUTY JAMES GRIMES, individually and in
his official capacity,
DEPUTY KYLE SHARP, individually and in his
official capacity,
DEPUTY KENNETH ROBINETTE, individually
and in his official capacity,
SERGEANT CARRIE RODRIGUEZ, individually
and in her official capacity,
DENVER HEALTH AND HOSPITAL
AUTHORITY d/b/a DENVER HEALTH MEDICAL
CENTER,
GAIL GEORGE, R.N., individually and in her
official capacity, and
SUSAN CRYER, R.N., individually and in her
official capacity,

Eric Michael Ziporin
Joseph Michael Rivera
Jonathan Marshall Abramson
Brent T. Johnson
David Charles Colt
Sean Timothy Olson

Defendants.
COURTROOM MINUTES / MINUTE ORDER
MOTION HEARING
Court in session: 1:34 p.m.
Court calls case. Appearances of counsel.
Motion Hearing called regarding Plaintiff’s Motion to Compel Discovery Against Law
Enforcement Defendants [Doc. No. 77, filed May 11, 2012] and Defendant’s Partially

Opposed Motion to Amend Scheduling Order [Doc. No. 88, filed June 27, 2012].
Oral argument by plaintiff.
Oral argument by defendant.
Court in Recess: 3:20 p.m.
Court in Session: 3:33 p.m.
It is ORDERED:

Plaintiff’s Motion to Compel Discovery Against Law Enforcement
Defendants [77] is GRANTED IN PART AND DENIED IN PART.
The motion is GRANTED to the extent internal affairs files
regarding an investigation subsequent to the incident in this case
have been produced as to defendants Sharp and Robinette.
Defendant’s Sharp and Robinette may be re-deposed as to
questions previously instructed not to answer with respect to this
investigation ONLY. The costs of the depositions, exclusive of
attorney’s fees, will be paid by defendant City and County of
Denver. Plaintiff will decide on or before July 13, 2012 as to
whether they will conduct further depositions. The parties will confer
on a date and time for the depositions.
The motion is GRANTED IN PART AND DENIED IN PART as to
discovery of withheld documents connected with Use of Force
reports and statutory privileges.
The motion is GRANTED with respect to the 203 Addendums to
certain Use of Force reports withheld by the City and County of
Denver. The addendums, marked “CONFIDENTIAL” pursuant to
the protective order previously entered, will be produced.
With respect to the 23 Use of Force reports wherein inmate medical
records were also attached, the motion is DENIED. Defendants
shall not produce the medical records to Plaintiffs. Should plaintiffs’
counsel wish to submit supplemental briefing on the matter as a
Motion for Reconsideration, they may do so on or before July 16,
2012. Defendant’s may respond on or before July 23, 2012.
The motion is GRANTED as to the 16 Use of Force reports
concerning juvenile offenders. Prior to production, the reports are to
be redacted to remove any identifying information and that the
reports be marked both “CONFIDENTIAL” and “JUVENILE.”
Information pertaining to other juvenile witnesses or participants
identified in the Use of Force report shall also to be redacted,
together with any information concerning or identifying the
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juvenile’s family.
As to email communication between Ashley Kilroy and Nita Henry,
defendant City and County of Denver shall submit the
communications at issue for an in-camera review and file it with the
court at Restriction - Level 3. The document will be filed no later
than close of business on July 10, 2012. The court will issue a
written opinion after examining the documents.
The motion is DENIED as to pre-employment psychological testing
and polygraph testing. There are no claims of negligent hiring or
retention practices in this matter.
The motion is DENIED as to request for individual defendants’
financial information.
The motion is DENIED as to sanctions.
It is ORDERED:

Defendant’s Partially Opposed Motion to Amend Scheduling Order
[88] is GRANTED. Discovery cut-off is extended to August 15, 2012
for the purposes of conducting the depositions of Dr. Werner Spitz,
Dr. Steven Bird, Reverend James Peters, and Pastor Genovese
Stribling ONLY. The deposition of Pastor Stribling will be treated as
a preservation deposition.

Court in Recess: 4:49 p.m.
Hearing concluded.
Total In-Court Time 03:02
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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