O'Leary, et al, v. County of El Paso, Colorado, et al.,

Filing 51

Courtroom Minutes for Motions Hearing held on 3/20/2013 before Judge Richard P. Matsch. ORDERED: Motions to Dismiss are granted with respect to the First, Second and Third Claims for Relief and remainder of the claims are dismissed for lack of jurisdiction re 34 , 35 , and 36 . Joint Motion on Behalf of All Defendants for Additional Extension of Time to Designate Nonparties at Fault 47 , is moot. This civil action is dismissed. FTR: K. Terasaki. (rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
March 20, 2013
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Kathy Terasaki
____________________________________________________________________________________
Civil Action No. 12-cv-02139-RPM
ESTATE OF BRIAN O’LEARY,
by and through Brandon O’Leary as personal representative;
BRANDON O’LEARY, and
SHANE O’LEARY, as next of kin of decedent,

Jeffrey R. Kelley
Keri Friedman
Phil L. Harding

Plaintiffs,
v.
COUNTY OF EL PASO, COLORADO;
EL PASO COUNTY SHERIFF’S OFFICE;
BUREAU CHIEF PAULA PRESLEY, in her official capacities;
EL PASO COUNTY SHERIFF TERRY MAKETA, in his official capacity;
CORRECTIONAL HEALTHCARE MANAGEMENT, INC.;
DIANE AL-ABDULJALIL, M.D., in her individual and official capacities;
NATASHA WOLINSKI, P.A., in her individual and official capacities;
SEAN EHLINGER, R.N., in his individual and official capacities;
RACHELLE CLEMONS, L.P.N., in her individual and official capacities; and
PATRICIA MILLER, L.P.N., in her individual and official capacities,

Kenneth R. Hodges
Diana K. May

Terry Cipoletti

Kimberly F.W. Deline

Defendants.
____________________________________________________________________________________
COURTROOM MINUTES
____________________________________________________________________________________
Hearing on Motions to Dismiss
2:00 p.m.

Court in session.

Court’s preliminary remarks and states its summary of the case facts and jurisdictional claims.
Court states it will receive exhibits objected to for the limited purpose of this hearing.
2:07 p.m.
Mr. Kelley answers questions asked by the Court regarding plaintiffs’ view of the case
facts with respect to the claims.
Argument by Mr. Kelley.

12-cv-02139-RPM
March 20, 2013
ORDERED:

Motions to Dismiss are granted with respect to the First, Second and Third Claims
for Relief and remainder of the claims are dismissed for lack of jurisdiction re [34],
[35], and [36].
Joint Motion on Behalf of All Defendants for Additional Extension of Time to
Designate Nonparties at Fault [47], is moot.
This civil action is dismissed.

2:17 p.m.

Court in recess.

Hearing concluded. Total time: 17 min.

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