Rathbun v. Montoya et al

Filing 86

Courtroom Minutes for Motion Hearing held on 7/22/2014 before Judge Richard P. Matsch. ORDERED: Defendant Mueller dismissed pursuant ot Notice of Voluntary Dismissal 85 . Defendant Mueller's Motion to Dismiss 55 , is moot. The Denver Defenda nts' Motion to Dismiss Plaintiff's Complaint and Jury Demand 56 , is denied with respect to defendant Lietz. A written order will be issued. Defendant Rodriguez is dismissed. Defendant Moretti's Motion to Dismiss 39 , is denied an d a written order will be issued. Defendant Hoover's Motion to Dismiss 45 , is denied and a written order will be issued. Defendant Charles Hemming's Motion to Dismiss Plaintiff's First AmendedComplaint 47 , is denied and a written order will be issued. Defendants Obechina's and Peterson's Motion to Dismiss 48 , is denied and a written order will be issued.FTR: K. Terasaki. (jsmit)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
July 22, 2014
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Kathy Terasaki
____________________________________________________________________________________
Civil Action No. 13-cv-03060-RPM
DOUGLAS RATHBUN,

Kenneth M. Burton
Robert P. Borquez

Plaintiff,
v.
BERNARD MONTOYA, Detective, Denver Police Department,
Evan P. Lee
Metropolitan Auto Theft Task Force, sued in his individual capacity;
JOHN M. LIETZ, Detective, Denver Police Department,
Evan P. Lee
Metropolitan Auto Theft Task Force, sued in his individual capacity;
DAVID SCONCE, Sergeant, Denver Police Department,
Evan P. Lee
Metropolitan Auto Theft Task Force, sued in his individual capacity
JAMES SEWALD; Officer, Denver Police Department,
Evan P. Lee
sued in his individual capacity;
ART PETERSON, Detective, Jefferson County Sheriff’s Office,
Writer Mott
Metropolitan Auto Theft Task Force, sued in his individual capacity;
Rebecca P. Klymkowsky
W.D. HOOVER, Sergeant, Lakewood Police Department,
Christina S. Gunn
Metropolitan Auto Theft Task Force, sued in his individual capacity;
SEAN TEMPLETON, Detective, Lakewood Police Department,
Christina S. Gunn
sued in his individual capacity;
OFFICER OBECHINA, Detective, Lakewood Police Department,
Writer Mott
sued in his individual capacity;
CHARLES HEMMING, Detective, Wheat Ridge Police Department,
Josh A. Marks
Metropolitan Auto Theft Task Force, sued in his individual capacity;
DELFINO RODRIGUEZ, Inspector, Denver Neighborhood Inspection Services,
Evan P. Lee
sued in his individual capacity;
OFFICER MUELLER, Metropolitan Auto Theft Task Force,
sued in his individual capacity;
OFFICER MORETTI, Metropolitan Auto Theft Task Force,
Roberto Ramirez
sued in his individual capacity;
JOHN DOES 1-4, Metropolitan Auto Theft Task Force,
sued in their individual capacities;
Defendants.
____________________________________________________________________________________
COURTROOM MINUTES
____________________________________________________________________________________

July 22, 2014
13-cv-03060-RPM

Hearing on Motions to Dismiss
9:26 a.m.

Court in session.

Court’s preliminary remarks.
Mr. Burton answers questions asked by the Court regarding information with respect to the Amended
Complaint, search warrant, affidavit and confiscated property (cars sold/abandoned property).
Mr. Burton states plaintiff is not challenging the arrest.
ORDERED:

Defendant Mueller dismissed pursuant ot Notice of Voluntary Dismissal [85].
Defendant Mueller’s Motion to Dismiss [55], is moot.

Argument by Mr. Lee (First Claim for Relief).
ORDERED:

The Denver Defendants’ Motion to Dismiss Plaintiff’s Complaint and Jury Demand
[56], is denied with respect to defendant Lietz. A written order will be issued.

Argument by Mr. Marks (Second, Third, and Fourth Claims for Relief).
Mr. Burton states plaintiff agrees to dismiss defendant Rodriguez.
ORDERED:

Defendant Rodriguez is dismissed.

ORDERED:

Defendant Moretti’s Motion to Dismiss [39], is denied and a written order will be
issued.
Defendant Hoover’s Motion to Dismiss [45], is denied and a written order will be
issued.
Defendant Charles Hemming’s Motion to Dismiss Plaintiff’s First Amended
Complaint [47], is denied and a written order will be issued.
Defendants Obechina’s and Peterson’s Motion to Dismiss [48], is denied and a
written order will be issued.

9:47 a.m.

Court in recess.

Hearing concluded. Total time: 21 min.

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