Taylor F. v. Arapahoe County School District 5

Filing 17

MINUTE ENTRY for Evidentiary Hearing held before Judge William J. Martinez on 7/12/2013. Taking under advisement 4 Motion for Preliminary Injunction. Court Reporter: Gwen Daniel. (babia)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Courtroom Deputy: Bernique Abiakam Court Reporter: Gwen Daniel Date: July 12, 2013 Civil Action No.: 13-cv-01580-WJM Counsel: TAYLOR F., by and through her parents and next friends, JON and MARY ANN F., Katherine G. Gerland Plaintiffs, v. ARAPAHOE COUNTY SCHOOL DISTRICT 5, Kathleen A. Sullivan Defendant. COURTROOM MINUTES HEARING: EVIDENTIARY 9:32 a.m. Court in Session. Court calls case. Appearances of counsel and parties. Preliminary remarks by the Court. Discussion regarding testimony schedule. Discussion regarding “stay put” order. 9:37 a.m. Argument by Ms. Gerald. Questions by the Court. 9:42 a.m. Argument by Ms. Sullivan. Questions by the Court. 9:49 a.m. Plaintiffs witness, MaryAnn Hayes Freeman, called and sworn. 13-cv-01580-WJM-KMT Evidentiary Hearing July 12, 2013 9:50 a.m. Direct examination begins by Ms. Gerland. Defendant’s Exhibit A is offered by stipulation and admitted by the Court. 9:51 a.m. Continued direct examination by Ms. Gerland. Plaintiffs Exhibit 4 is offered by stipulation and admitted by the Court. 9:58 a.m. Continued direct examination by Ms. Gerland. Plaintiffs Exhibit 3 is offered by stipulation and admitted by the Court. 10:01 a.m. Continued direct examination by Ms. Gerland. 10:06 a.m. Cross examination begins by Ms. Sullivan. Objection regarding relevance of question. Statement by Ms. Sullivan. Statement by the Court. 10:08 a.m. Continued cross examination by Ms. Sullivan. 10:12 a.m. The Court addresses the witness. Question reread. 10:13 a.m. Continued cross examination by Ms. Sullivan. 10:14 a.m. Redirect examination by Ms. Gerland. 10:17 a.m. Witness excused. 10:18 a.m. Plaintiffs witness, Philip Jon Freeman, called and sworn. 10:19 a.m. Direct examination by Ms. Gerland. Objection regarding relevance. 10:21 a.m. Continued direct examination by Ms. Gerland. Objection regarding leading questions. Sustained. 13-cv-01580-WJM-KMT Evidentiary Hearing July 12, 2013 10:22 a.m. Continued direct examination by Ms. Gerland. 10:28 a.m. Cross examination begins by Ms. Sullivan. No redirect. 10:30 a.m. The Court questions the witness. 10:31 a.m. Witness excused. 10:31 a.m. Defendant’s witness, John Richard Stanek, called and sworn. 10:32 a.m. Direct examination begins by Ms. Sullivan. Defendant’s Exhibit G is offered by stipulation and admitted by the Court. 10:36 a.m. Continued direct examination by Ms. Sullivan. Defendant’s Exhibit F is offered by stipulation and admitted by the Court. 10:37 a.m. Continued direct examination by Ms. Sullivan. Defendant’s Exhibit E is offered by stipulation and admitted by the Court. 10:38 a.m. Continued direct examination by Ms. Sullivan. Objection regarding relevance Statement by Ms. Sullivan. Overruled. 10:50 a.m. Continued direct examination by Ms. Sullivan. Defendant’s Exhibit B is offered by stipulation and admitted by the Court. 10:54 a.m. Continued direct examination by Ms. Sullivan. Objection. Sustained. 10:56 a.m. Cross examination begins by Ms. Gerland. Objection. Sustained. 13-cv-01580-WJM-KMT Evidentiary Hearing July 12, 2013 10:59 a.m. Continued cross examination by Ms. Gerland. Objection OVERRULED. 11:02 a.m. Continued cross examination by Ms. Gerland. Objection regarding “fact witness”. Comments by the Court. 11:16 a.m. Continued cross examination by Ms. Sullivan. No redirect examination. 11:17 a.m. Witness excused. 11:18 a.m. The Court questions Ms. Sullivan. 11:23 a.m. Summation by Ms. Gerland. Questions by the Court. 11:29 a.m. Summation by Ms. Sullivan. ORDERED: Motion For Mandatory Preliminary Injunction (Filed 6/17/13; Doc. No. 4) is taken UNDER ADVISEMENT. 11:37 a.m. Court is adjourned. Hearing concluded. Total time in court: 2 hours 5 minutes.

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