Coit v. Zavaras et al

Filing 222

MINUTE ENTRY for proceedings held before Magistrate Judge Michael J. Watanabe: Show Cause Hearing / Status Conference held on 4/3/2013. On or before 5/17/2013, defendants shall have tapes transcribed and sent to Plaintiff. denying 186 Motion for Order; denying 190 Motion for Order; denying 195 Motion for Order; denying 199 Motion to Amend/Correct/Modify; denying 202 Motion for Order; denying 204 Motion for Order; denying 213 Motion for Order; granting 216 Motion for Orde r; denying 217 Motion for Order; granting 218 Motion for Order. Order to Show Cause 193 is continued to 5/28/2013 or as otherwise ordered by the Court. Show Cause Hearing set for 5/28/2013 08:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. 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. 12-cv-00609-WYD-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

April 03, 2013

Counsel

Parties
JILL COIT,

Pro Se

(by telephone)

Plaintiff(s),
v.
ARISTEDES ZAVARAZ [sic],
Director of the Colorado Department of Corrections,
JAMES WELTON, Director C.I.D.,
LARRY REID, L.V.C.F.,
ROBERT CANTWELL, Director of Prison,
LLOYD WAIDE, L.V.C.F.,
MICHAEL DOUSSARD, L.V.C.F., (Spelling),
C.I.D. DENNIS HOUGHNON, Pueblo,
C.I.D. COLIN CARSON, D.W.C.F.,
JOHN MARTIN,
JANE/JOHN DOE-DOE, #1&2 (Who Took Legal
Supreme Court Mail), D.W.C.F.,
JOAN SHOEMAKER,
Dr. P. FRANTZ,
JANE/JOHN DOE-DOE, #3 (Who Took 2 Cubic Feet
Legal Box), D.W.C.F.,

Nicole Gellar

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING: STATUS CONFERENCE / SHOW CAUSE HEARING
Court in Session:
9:30 a.m.
Court calls case. Appearances of Pro Se plaintiff and defense counsel.
The parties advise the Court that the tape recordings provided to Plaintiff by Defendants
appeared to be defective, therefore, Plaintiff was unable to listen to the tapes.
It is ORDERED:

On or before MAY 17, 2013, Defendants shall have the tapes transcribed
and sent to Plaintiff.

The Order to Show Cause is raised for discussion

It is ORDERED:

The Order to Show Cause [Docket No. 193, filed March 11, 2013] is
continued up to and including MAY 28, 2013 or as otherwise ordered by
the Court.

It is ORDERED:

A SHOW CAUSE HEARING is set MAY 28, 2013 at 8:30 a.m.
Mountain Time (10:30 a.m. Eastern / Florida Time) in Courtroom A-502,
Fifth floor, Alfred A. Arraj United States Courthouse,
901 19th Street, Denver, Colorado 80294. Pro Se incarcerated Plaintiff
shall appear by telephone by calling [phone] at the scheduled
time.

The Court raises motions for discussion.
It is ORDERED:

Consistent with the Court’s Order [Docket No. 212, filed March 27, 2013]
Defendants shall have up to and including APRIL 29, 2013 within which
to respond to Plaintiff’s MOTION to Order the Florida Department of
Corrections to Produce a Copy of the Letters from C. D. O. C. Denying
Plaintiff recommended Specialist Consultant/Visit from Ortho and
Audiology [Docket No. 184, filed March 04, 2013]. No REPLY shall be
filed unless ordered by the Court. The court will issue its written Order.

It is ORDERED:

Consistent with the Court’s Order [Docket No. 212, filed March 27, 2013]
Defendants shall have up to and including APRIL 29, 2013 within which
to respond to Plaintiff’s MOTION Injunction to Order the Florida
Department of Corrections/Homestead Correctional Institution/Lowell
Correctional Institution to Provide Plaintiff with Access to Rape Recorder
and Disk so Plaintiff can Conduct Discovery/Depositions and Access
Law Library/Programs/Services [Docket No. 187, filed March 04, 2013].
No REPLY shall be filed unless ordered by the Court. The court will issue
its written Order.

It is ORDERED:

The Court will rule on Plaintiff’s MOTION to enter “Motion for return of
legal documents/letter I sent Judge Ebel” into this court’s proceedings
[Docket No. 185, filed March 04, 2013] to which Defendants have filed a
RESPONSE. No REPLY shall be filed unless ordered by the Court.
The court will issue its written Order.

It is ORDERED:

Plaintiff’s MOTION TO NAME PARTY THAT IS HAVING EX PARTE
(PRIVATE) COMMUNICATION WITH THIS COURT [Docket No. 186,
filed March 04, 2013] is DENIED for reasons as set forth on the record.

It is ORDERED:

Plaintiff’s MOTION FOR COURT TO APPOINT EXPERT WITNESS FOR
I.F.P. INDIGENT PLAINTIFF AND/OR TO CHANGE THE DATE
PARTIES ARE TO DESIGNATE EXPERTS WITNESSES TILL
PLAINTIFF HAS COUNSEL [Docket No. 190, filed March 07, 2013] is
DENIED for reasons as set forth on the record.

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It is ORDERED:

Plaintiff’s MOTION TO NAME PARTY THAT IS HAVING EX PARTE
(PRIVATE) COMMUNICATION WITH THIS COURT [Docket No. 195,
filed March 15, 2013] is DENIED for reasons as set forth on the record.

It is ORDERED:

Plaintiff’s MOTION TO MODIFY ORDER REGARDING PLAINTIFF’S
MOTION FOR APPOINTMENT OF COUNSEL (DOC NO 35)
[Docket No. 199, filed March 18, 2013] is DENIED as Moot for reasons
as set forth on the record. The relief requested was previously
addressed by the Court in its Order [Docket No. 38] entered August 21,
2012.

It is ORDERED:

Plaintiff’s MOTION FOR PERMISSION TO TAPE RECORD
DEPOSITIONS [Docket No. 202, filed March 22, 2013] is DENIED for
reasons as set forth on the record.

It is ORDERED:

Plaintiff’s MOTION TO NOTIFY THIS COURT AND DEFENDANT THAT
COPIER AND PRINTER ARE BROKEN ACCORDING TO HCI LAW
LIBRARIAN MS. GREEN AND NEED FOR EXTENSION OF TIME
[Docket No. 204, filed March 22, 2013] is DENIED for reasons as set
forth on the record.

It is ORDERED:

Plaintiff’s MOTION FOR COURT TO ORDER DEFENDANTS TO
PROVIDE DISCOVERY OR FACE IMMEDIATE SANCTIONS [Docket
No. 213, filed March 28, 2013] is DENIED without Prejudice for reasons
as set forth on the record.

Defense counsel displays to the Court a large manilla envelope, which was returned by the U.S.
Postal Service as damaged, having been mishandled by the post office. It is believed the
responses to Plaintiff’s written discovery requests were involved. Defendants are directed to
re-mail their responses to Plaintiff.
It is ORDERED:

Plaintiff’s MOTION TO HAVE U. S. MARSHALL [sic] SERVICE SERVE
DEFENDANTS SGT. FITZGERALD AND SGT. HATFIELD (DWCF AND
DRDC EMPLOYEES) [Docket No. 216, filed March 29, 2013] is
GRANTED, for reasons as set forth on the record, to the extent that the
U.S. Marshal Service shall attempt to effect service on defendants
Hatfield and Fitzgerald at the Colorado Department of Corrections in
Colorado Springs, Colorado.

Addresses shall be provided for defendants who are no longer employed by Colorado
Department of Corrections as was done in Docket No. 29, filed August 07, 2012.
It is ORDERED:

Plaintiff’s MOTION TO ORDER DEFENDANT TO RESPOND TO
DOCKET NO. 99 [Docket No. 217, filed March 29, 2013] is DENIED as
Moot

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It is ORDERED:

Plaintiff’s MOTION TO ORDER DEFENDANTS TO PROVIDE PLAINTIFF
WITH DOCKET NO. 170 FILED FEBRUARY 9, 2013 AND 157 AND 158
FILED 1-18-13 [Docket No. 218, filed March 29, 2013] is GRANTED for
reasons as set forth on the record.
Defendants shall mail copies of the CM/ECF Docket Entries 157, 158,
159, and 170.

Defense counsel notes that an apparent sample of bodily fluids was sent by the Plaintiff in an
attempt to have the sample filed. Defendants request that they be allowed to have DNA testing
performed on this item. Plaintiff gives her consent on the record and is directed to work with
defense counsel to submit a written consent.

Hearing concluded.
Court in recess:
11:01 a.m.
Total In-Court Time 01:30

To order a transcript of this proceedings, contact Avery Wood Reports

[phone] or

Page 4 of 4

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