Lopez-Ballesteros v. United States Federal Bureau of Prisons et al

Filing 40

COURTROOM MINUTE/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 10/27/2011. Withdrawing 14 Defendants' Partial Motion to Dismiss; Granting 23 Motion to Amend Complaint; Granting 31 "Motion" Corrected Amended Complaint. The Corrected Amended Complaint for Damages and Injunctive Relief 34 is the operative pleading as of 10/27/2011. (Court Reporter: FTR - Ellen E. Miller) (mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 11-cv-00783-REB-MJW

FTR - Courtroom A-502

Date: October 27, 2011

Courtroom Deputy, Ellen E. Miller
Counsel

Parties
JUAN RAMON MATTA LOPEZ-BALLESTEROS,

Lawrence E. Besser

Plaintiff(s),
v.
UNITED STATES FEDERAL BUREAU OF
PRISONS,
HARLEY LAPPIN,
Director of the Federal Bureau of Prisons, and
MICHAEL NALLEY,
Regional Director of the BOP for the North Central
Region,

Juan G. Villaseñor

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:
TELEPHONIC STATUS CONFERENCE
Court in Session:
9:04 a.m.
Court calls case. Telephonic appearances of counsel.
It is noted during the August 24, 2011 Scheduling Conference, Blake R. Davis was dismissed
as a defendant.
The Court raises Plaintiff’s Motion for Leave to Amend Complaint [Docket No. 23] and Plaintiff’s
“Motion” Corrected Amended Complaint for Damages and Injunctive Relief [Docket No. 31] for
discussion. Based upon the motion, response, reply, and further input from counsel this
morning,
It is ORDERED:

Plaintiff’s MOTION FOR LEAVE TO AMEND COMPLAINT [Docket No.
23, Filed August 22, 2011] is GRANTED for reasons as set forth on the
record.

It is ORDERED:

Plaintiff’s “MOTION” CORRECTED AMENDED COMPLAINT FOR
DAMAGES AND INJUNCTIVE RELIEF [Docket No. 31, Filed October 19,
2011] is GRANTED in that the motion to amend the complaint is
granted, for reasons as set forth on the record. This [Docket No. 31] is
not the operative document.

11-cv-00783-REB-MJW
Telephonic Status Conference
October 27, 2011

The CORRECTED AMENDED COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF [Docket No. 34, filed October 20, 2011] shall be
entered as the operative pleading as of today.

Discussion is held regarding Defendants’ Partial Motion to Dismiss [Docket No. 14].
Defendants make an Oral Motion to Withdraw the Partial Motion to Dismiss. With no objection
from Plaintiff,
It is ORDERED:

Defendants’ ORAL MOTION TO WITHDRAW Defendants’ Partial Motion
to Dismiss is GRANTED, therefore,
Defendants’ PARTIAL MOTION TO DISMISS [Docket No. 14, Filed
July 28, 2011] is WITHDRAWN.

No settlement conference is set at this time.

Hearing concluded.
Court in recess:
9:17 a.m.
Total In-Court Time 00:13

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