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

Filing 24

ORDER ALLOCATING HEARING TIME. By Judge Robert E. Blackburn on 12/2/2011. (sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 11-cv-03048-REB-MJW OCCUPY DENVER, an unincorporated association, AMBERLYNN RESTORICK, TERRY BURNSED, ROBERT PIPER, ROB KUYKENDALL, CATHERINE LINDSEY, NATALIE WYATT, and DANIEL GARCIA, Plaintiffs, v. CITY AND COUNTY OF DENVER, MICHAEL HANCOCK, in his official capacity and as Mayor of Denver, GERALD R. WHITMAN, in his official capacity and as Denver’s Acting Chief of Police, Defendants. ORDER ALLOCATING HEARING TIME Blackburn, J. The matter before me is plaintiffs’ Motion for Temporary Restraining Order [#2]1 filed November 22, 2011. A hearing on the motion is set for Monday, December 5, 2011, beginning at 9:00 a.m. As ordered by the court, the parties have filed summaries of the testimony they expect to present at the hearing, including estimates of the time necessary to present that testimony. Having reviewed the witness summaries and the record, the court concludes that the time allocated for the hearing in the Scheduling Order [#3] filed 1 “[#2]” is an exam ple of the convention I use to identify the docket num ber assigned to a specific paper by the court’s case m anagem ent and electronic case filing system (CM/ECF). I use this convention throughout this order. November 23, 2011, is not sufficient. Thus, the court reserves the balance of the morning and afternoon of Monday, December 5, 2011, for the hearing. The court allocates the time for presentations by the parties at the December 5, 2011, hearing as follows:2 Presentation of evidence by the plaintiffs - 3 hours, 30 minutes Presentation of evidence by the defendants - 1 hour, 30 minutes Argument by the plaintiffs - 20 minutes Argument by the defendants - 20 minutes Rebuttal argument by the plaintiffs - to be determined at the hearing THEREFORE, IT IS ORDERED as follows: 1. That the time for presentations by the parties at the hearing set for December 5, 2011, is allocated as stated in this order; and 2. That, based on developments at the hearing, the court may adjust these allocations as deemed necessary by the court. Dated December 2, 2011, at Denver, Colorado. BY THE COURT: 2 Tim e provided for presentation of evidence includes tim e for cross exam ination of witnesses. Initially, the court allocates tim e for cross exam ination equal to, but not greater than, the tim e of the corresponding direct exam ination. 2

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