Lips et al v. Board of County Commissioners of Arapahoe County et al

Filing 45

MINUTE ORDER Defendants Motion to Supplement Motion for Summary Judgment ECF No. 42 is GRANTED. Defendants may file an entirely renewed motion for summary judgment, which incorporates their statute of limitations argument. it is ORDERED that Def endants motion for summary judgment ECF No. 22 is DENIED WITHOUT PREJUDICE with leave to refile a renewed motion not later than Friday, March 21, 2014. Plaintiffs shall respond not later than April 21, 2014. Once this motion is filed, I will set an expedited hearing on the merits of the motion, by Judge Wiley Y. Daniel on 2/26/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01107-WYD-MJW
MELVEN LIPS and
JULIEN LIPS,
Plaintiffs,
v.
DETECTIVE CESAR MADRIGAL, in his individual and official capacities;
SERGEANT STEVE CROUSHORE, in his individual and official capacities; and
DETECTIVE JOSEPH POLLACK, in his individual and official capacities.
Defendants.

MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL
Defendants’ Motion to Supplement Motion for Summary Judgment (ECF No. 42)
is GRANTED. Defendants may file an entirely renewed motion for summary judgment,
which incorporates their statute of limitations argument. However, because I need to
review complete briefing on this issue (and all other issues related to summary
judgment) along with hearing argument from both parties, I take no position at this time
as to whether Defendants can properly raise a valid statute of limitations argument or
whether this defense has been waived. Accordingly, it is
ORDERED that Defendants’ motion for summary judgment (ECF No. 22) is
DENIED WITHOUT PREJUDICE with leave to refile a renewed motion not later than
Friday, March 21, 2014. Plaintiffs shall respond not later than April 21, 2014. Once
this motion is filed, I will set an expedited hearing on the merits of the motion.
Dated: February 26, 2014