Lee v. Banuelos et al

Filing 61

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 4/14/2014. Defendants' Oral Motion to withdraw Motion for Summary Judgment granted; withdrawing 39 Defendants Motion for Summary Judgment for Failure to Exhaust Administrative Remedies; defendants shall have up to and including 4/28/2014 to file new Motion for Summary Judgment relating to the Second Amended Complaint 60 . Discovery is STAYED until a ruling is entered on the anticipated Motion for Summary Judgment, to be filed on or before 4/28/2014. Defendants shall have up to and including twenty (20) days after a ruling is entered on the anticipated Motion for Summary Judgment within which to file their Answer, if needed, to the Second Amended Complaint. Fifteenth defendant McDERMOTT is added.Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 13-cv-01895-CMA-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

April 14, 2014

Counsel

Parties
MARIO ANTON LEE,
#21047-001

Pro Se

(by telephone)

Plaintiff(s),
v.
LIEUTENANT M. BANUELOS,
LIEUTENANT BARRY,
PRISON GUARD J. WISEMAN,
PRISON GUARD M. EBERHART,
PRISON GUARD ERPS,
PRISON GUARD MOHLER,
LIEUTENANT K. LITVAN,
CAROL LINGREN, RN,
R. HUDDLESTON, EMT,
OFFICER LEE,
LIEUTENANT MARTINEZ,
OFFICER ROY,
P. A. THOMPSON, and
McDERMOTT, MEDICAL (DIRECTOR),
in their official capacities, and
in their individual capacities,

Michael C. Johnson

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:
STATUS CONFERENCE
Court in Session:
10:32 a.m.
Court calls case. Appearances of Pro Se plaintiff and defense counsel.
The Second Amended Complaint [Docket No. 60, filed April 02, 2014] is the operative pleading.
The Second Amended Complaint caption reflects fourteen (14) named defendants, however, in
the body of his Second Amended Complaint (page 5 of 31), Pro Se Plaintiff lists a defendant
(15) McDermott, Medical (Director).
It is ORDERED:

McDERMOTT, MEDICAL (DIRECTOR) is added as a fifteenth defendant.
The caption shall be amended to reflect the addition of defendant

McDermott, Medical (Director), sued in his individual and official capacity.
Plaintiff shall forthwith serve this new defendant McDermott.

For clarification, the defendants named in the Second Amended Complaint are all sued in their
OFFICIAL and INDIVIDUAL capacities, as in the Original Complaint [Docket No. 1, filed July 16,
2013] and the Amended Complaint [Docket No. 14, filed September 18, 2013].
Discussion is held regarding the Defendants’ Motion for Summary Judgment for Failure to
Exhaust Administrative Remedies [Docket No. 39, filed March 10, 2014). Oral Motion to
Withdraw this pending Motion for Summary Judgment, with leave to file a new Motion for
Summary Judgment relating to the Second Amended Complaint. With no objections,
It is ORDERED:

Defendants’ ORAL MOTION TO WITHDRAW pending Motion for
Summary Judgment is GRANTED,
and
Defendants’ MOTION FOR SUMMARY JUDGMENT FOR FAILURE TO
EXHAUST ADMINISTRATIVE REMEDIES [Docket NO. 39, filed March
10, 2014] is WITHDRAWN.
Defendants shall have up to and including APRIL 28, 2014 within which
to file a Motion for Summary Judgment relating to the Second Amended
Complaint [Docket No. 60].

It is ORDERED:

Discovery is STAYED until a ruling is entered on the anticipated Motion
for Summary Judgment, to be filed on or before April 28, 2014.

It is ORDERED:

Defendants shall have up to and including twenty (20) days after a ruling
is entered on the anticipated Motion for Summary Judgment within which
to file their Answer, if needed, to the Second Amended Complaint.

Hearing concluded.
Court in recess:
10:45 a.m.
Total In-Court Time 00: 13

To order a transcript of this proceedings, contact Avery Wood Reports

[phone] or

Page 2 of 2

Toll Free

1-800-962-3345.