Coit v. Zavaras et al

Filing 287

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Show Cause Hearing/Motions Hearing held on 5/28/2013. Order to Show Cause 193 is continued to and including 7/10/2013.Granting 238 Motion for Or der. Granting 241 Motion for Order. Denying without prejudice 243 Motion to Produce. Denying 249 Motion for Order. Denying without prejudice 250 Motion for Order. Denying 251 Motion for Order. Denying 277 Motion for O rder. Deadline for Plaintiff to respond to defendants' outstanding interrogatories, requests for production, and/or requests for admission is 6/14/2013. Dispositive Motions due by 8/15/2013. Scheduling Order 127 is amended. Status Conference set for 7/10/2013 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (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

May 28, 2013

Counsel

Parties
JILL COIT,

Pro Se

(by telephone)

Plaintiff(s),
v.
ARISTEDES ZAVARAZ ,
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.,
C.I.D. DENNIS HOUGHNON, Pueblo,
C.I.D. COLIN CARSON, D.W.C.F.,
JOHN MARTIN,
JOAN SHOEMAKER,
Dr. P. FRANTZ,
SGT. FITZGERALD, and
SGT. HATFIELD

Nicole S. Gellar

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:
SHOW CAUSE HEARING / MOTIONS HEARING
Court in Session:
8:30 a.m.
Court calls case. Appearances of Pro Se plaintiff and defense counsel.
Pending motions are raised for discussion and argument.

It is ORDERED:

Plaintiff’s MOTION to Order Defendants to Send Tape of 08-06-10
Meeting with Welton, Cantwell, and Carson So Plaintiff Can Correct Their
Narrative [Docket No. 238, filed April 26, 2013] is GRANTED, for
reasons as set forth on the record, in that government on behalf of
defendants shall send another copy of the tape recording of the August
06, 2010 meeting to Plaintiff.

It is ORDERED:

Plaintiff’s MOTION to Notify the Court Defendants Still Have Not Provided
Discovery as this Court Told Plaintiff Would Be Provided and Motion for
Court to Order Defendants to Produce the Request for Admissions for
Defendants Zavaras, Frantz, Carson and Waide And Request for
Interrogatories for Defendants Shoemake and Waide; and Request
Additional Time to Respond to Said Requests Provided [Docket No. 241,
filed May 03, 2013] is GRANTED, for reasons as set forth on the record,
in that the government on behalf of the defendants shall again serve the
discovery responses pages 116-603 and 653-821 to the Plaintiff broken
into small packages in an effort to have the packages survive the mail
process.

It is ORDERED:

Plaintiff’s MOTION for Production of Documents Needed Immediately to
Refute Defendant’s Request for Admissions Provided to Plaintiff 4-21-13
[Docket No. 243, filed May 03, 2013] is DENIED WITHOUT PREJUDICE,
for reasons as set forth on the record.

Government on behalf of defendants shall provide copies of the Administrative Regulation
documents requested in ITEM (8), page 3.

It is ORDERED:

Plaintiff’s MOTION to the Court to Order the Clerk of Court to Provide
Information on Defendant Exhibit Coit 01094 and New Ex Parte
Communication Allegations [Docket No. 249, filed May 10, 2013] is
DENIED, for reasons as set forth on the record.

It appears the information Plaintiff seeks is from the United States Court of Appeals Tenth
Circuit as opposed to the United States District Court.
It is ORDERED:

Plaintiff’s MOTION to Order Defendant Houghnon Provide a Complete
Transcript of All Meetings he had with Plaintiff From October, 2009
Through June, 2010 [Docket No. 250, filed May 10, 2013] is DENIED
WITHOUT PREJUDICE, for reasons as set forth on the record.

It is ORDERED:

Plaintiff’s MOTION to Order Defendants to Produce Copy of Employee
Sign-In Sheet for D. W. C. F. On 07-23-10; 07-24-10; 07-25-10 & 07-2610 [Docket No. 251, filed May 10, 2013] is DENIED for reasons as set
forth on the record.

It is ORDERED:

Plaintiff’s MOTION for Injunction to Remove Defendant John Martin From
Being Plaintiff Case Manager for Him Having Communication With Prison
Officials in Wherever Plaintiff is Sent [Docket No. 277, filed May 16, 2013]
is DENIED FOR LACK OF JURISDICTION, for reasons as set forth on
the record.

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Plaintiff may file any Motion(s) to Compel within which she specifically addresses specific
issues as to specific defendants as to specific interrogatories, requests for production, requests
for admission.
Defendant counsel notes written discovery was served on or about April 11, 2013.
Plaintiff makes an ORAL MOTION to extend time to respond to defendants’ discovery requests.
With no objections,
It is ORDERED:

Pro Se Plaintiff shall have up to and including JUNE 14, 2013 within
which to respond to defendants’ outstanding Interrogatories, requests for
production, and / or requests for admission.

It is ORDERED:

A STATUS CONFERENCE is set JULY 10, 2013 at 9:30 a.m.
(9:30 a.m. Mountain Time 11:30 a.m. Florida/Eastern Time)
in Courtroom A-502, Fifth floor, Alfred A. Arraj United States Courthouse,
901 19th Street, Denver, Colorado 80294.

Pro Se Plaintiff shall appear by calling the Court [phone] at the scheduled time.
Discussion is held regarding dispositive motions deadline.
It is ORDERED:

DISPOSITIVE MOTIONS DEADLINE is extended from JUNE 17, 2013
to AUGUST 15, 2013.
Scheduling Order [Docket No. 127, filed November 19, 2012] is
amended.

Discovery deadline remains July 15, 2013.
Final Pretrial Conference remains set August 20, 2013 at 9:30 a.m.
Order to Show Cause is discussed as to defendants Sgt. David Fitzgerald and Sgt. Susan
(Hatfield) Altholz.
It is ORDERED:

ORDER TO SHOW CAUSE [Docket No. 193, filed March 11, 2013] is
continued as to defendants Fitzgerald and Hatfield to and including JULY
10, 2013 or as otherwise ordered by the Court.

The ORDER TO SHOW CAUSE will be discussed further at the Status Conference set July 10,
2013 at 9:30 a.m.

Hearing concluded.
Court in recess: 10:18 a.m.
Total In-Court Time 01:48
To order a transcript of this proceedings, contact Avery Wood Reports

[phone] or

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