Jemaneh v. University of Wyoming,The

Filing 164

MINUTE ENTRY for Oral Argument Hearing held on 6/24/2014 before Judge Raymond P. Moore. Finding as moot 125 Report and Recommendations. Taking under advisement 129 APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Denying 150 Motion to Strike. Deferring ruling on 156 Motion to Compel. Granting in part and denying in part 159 Motion to Withdraw. Denying without prejudice 162 Motion for Sanctions. Defendants shall file supplement to 156 Plaintiff's Motion to Compel De fendants to Produce Documents and Responses not later than Tuesday, July 15, 2014. Plaintiff shall file a supplement, identifying the two students who Plaintiff alleges had their grades changed by Kathleen Thompson, and providing a copy of the documentation Plaintiff is relying on to support this allegation, by Tuesday, July 15, 2014. No argument is permitted in the supplement. Court Reporter: Tammy Hoffschildt. (rkeec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE RAYMOND P. MOORE

Courtroom Deputy: Robert R. Keech
Court Reporter:
Tammy Hoffschildt

Date: June 24, 2014

Civil Action No. 12-cv-02383-RM-MJW
Parties

Counsel

TEWODROS G. JEMANEH,

Tewodros G. Jemaneh

Plaintiff,
v.
Melinda S. McCorkle

THE UNIVERSITY OF WYOMING, et al.,
Defendants.

COURTROOM MINUTES

ORAL ARGUMENT
1:31 p.m.

COURT IN SESSION.
Court calls case. Appearances of party and counsel.
Opening remarks by the Court.

ORDERED: Defendants’ Motion to Dismiss All Remaining Claims [ECF Doc. No. 91],
filed June 11, 2013, shall no longer be REFERRED to Magistrate Judge
Michael J. Watanabe.
ORDERED: Recommendation on Defendants’ Motion to Dismiss All Remaining Claims
[ECF Doc. No. 125], filed October 28, 2013, is MOOT.

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ORDERED: Plaintiff’s Objection to Magistrate Judge Watanabe’s Order (Docket #137)
Granting Defendants’ Second Motion to Extend the Deadline for
Dispositive Motions (Docket # 134) [ECF Doc. No. 138], filed March 27,
2014, is OVERRULED and the request to recuse Magistrate Judge
Watanabe is DENIED.
ORDERED: Plaintiff’s First Motion to Strike Defendants’ Qualified Immunity Defense
[ECF Doc. No. 150], filed May 22, 2014, is DENIED.
ORDERED: Plaintiff’s Motion to Compel Defendants to Produce Documents and
Responses [ECF Doc. No. 156], filed June 9, 2014, is DEFERRED.
ORDERED: Defendants shall file supplement to Plaintiff's Motion to Compel
Defendants to Produce Documents and Responses [ECF Doc. No. 156],
not later than Tuesday, July 15, 2014.
ORDERED: Plaintiff’s Uncontested Motion to Withdraw His Statement “The Plaintiff
Has a Serious Concern About His Safety” from His Motion to Recuse
Magistrate Judge Watanabe and Judge Moore from this Case [ECF Doc.
No. 159], filed June 19, 2014, is GRANTED IN PART to the extent that
the Plaintiff seeks to withdraw the statement that the Plaintiff has a
serious concern about his safety and DENIED as to any other issues
addressed in the motion.
ORDERED: Defendants’ Motion for Sanctions Against Plaintiff for Violation of
Fed.R.Civ.P. 11(b) and DC.COLO.LCiv.R. 7.1(H) [ECF Doc. No. 162],
filed June 23, 2014, is DENIED WITHOUT PREJUDICE.
Plaintiff's Objection to Magistrate Judge Watanabe's Findings and Order
[ECF Docket No. 126] Denying the Plaintiff's Motion for Sanction Due to
Defendants' Spoliation of Crucial Evidence [ECF Doc. No. 129], filed
November 20, 2013, is raised for argument.
1:55 p.m.

Oral argument by Mr. Jemaneh and responses to questions from the
Court.

2:08 p.m.

Oral argument by Ms. McCorkle and responses to questions from the
Court.

2:11 p.m.

Oral argument by Mr. Jemaneh and responses to questions from the
Court.

2:34 p.m.

Oral argument by Ms. McCorkle and responses to questions from the
Court.
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3:12 p.m.

COURT IN RECESS.

3:25 p.m.

COURT IN SESSION.

3:25 p.m.

Oral argument by Mr. Jemaneh and responses to questions from the
Court.

ORDERED: Plaintiff shall file a supplement, identifying the two students who Plaintiff
alleges had their grades changed by Kathleen Thompson, and providing a
copy of the documentation Plaintiff is relying on to support this allegation,
by Tuesday, July 15, 2014. No argument is permitted in the
supplement.
3:40 p.m.

Oral argument by Ms. McCorkle and responses to questions from the
Court.

ORDERED: Plaintiff’s Objection to Magistrate Judge Watanabe’s Findings and Order
[ECF Docket No. 126] Denying the Plaintiff’s Motion for Sanction Due to
Defendants’ Spoliation of Crucial Evidence [ECF Doc. No. 129], filed
November 20, 2013, is TAKEN UNDER ADVISEMENT.
3:43 p.m.

COURT IN RECESS.

Total in court time: 1:59
Hearing concluded.

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