Olson et al v. City of Aurora, Colorado et al

Filing 44

COURTROOM MINUTES for Motion Hearing held before Judge Richard P. Matsch on 8/13/2015. Denying as moot 16 Defendants City of Aurora, Daniel J. Oates, and Christian Lertch's Partial Motion to Dismiss the Complaint. Daniel J. Oates and Christen Lertch are dismissed as unnecessary parties. Denying 22 Defendant City of Aurora's Partial Motion to Dismiss the First Amended Complaint. Plaintiffs' counsel concedes the initial stop was not a violation of the Fourth Amendment. Plaint iffs' first claim for relief is dismissed. Denying 32 Defendants Kristopher McDowell, Luke J. Barker, Richard Ray, Brandt A. Smith, Michael David Prince, A. Todd Chanos, and Christen Lertch's Partial Motion to Dismiss First Amended Complaint. FTR: K. Terasaki. (ebuch)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
Courtroom Deputy:
FTR Technician:

August 13, 2015
Emily Buchanan
Kathy Terasaki

Civil Action No. 14-cv-01362-RPM

Counsel:

TIMOTHY OLSON,
MARY ANN LOMBARDI,
CRYSTAL DEGUZMAN,
MICHAEL HANCE,
ENRIQUE NUNEZ,
DENISE BURKE,
MARCI STRANDBERG, the natural mother and next
friend of Ian Strandberg and Chloe Strandberg,
QUINTEN TWEED, and
SARA LOMBARD, the natural mother and next friend
of Tony Tweed, Tyson Tweed, and Nesiah Tweed,

David Lane
Julian Wolfson

Plaintiffs,
v.
CITY OF AURORA, COLORADO, a municipality,
DANIEL J. OATES, in his official capacity as Aurora
Police Chief,
CHRISTEN LERTCH, in his official and individual
capacities,
KRISTOPHER MCDOWELL, in his official and
individual capacities,
LUKE J. BARKER, in his official and individual
capacities,
RICHARD RAY, in his official and individual
capacities,
BRANDT A. SMITH, in his official and individual
capacities,
MICHAEL DAVID PRINCE, in his official and
individual capacities, and
A. TODD CHANOS, in his official and individual
capacities,
Defendants.

Martha Fitzgerald
Justin Cohen
Michael Hoke
Marc Colin
Carrie Slinkard

Jonathan Abramson

COURTROOM MINUTES

MOTION HEARING
1:59 p.m.

Court in session.

Mr. Hoke answers Court’s questions and presents argument regarding Defendants City of Aurora, Daniel J. Oates,
and Christian Lertch’s Partial Motion to Dismiss the First Amended Complaint.
Response by Mr. Lane.
Ms. Slinkard answers Court’s questions and presents argument regarding Defendants Kristopher McDowell, Luke J.
Barker, Richard Ray, Brandt A. Smith, Michael David Prince, A. Todd Chanos, and Christen Lertch’s Partial Motion
to Dismiss First Amended Complaint.
ORDERED:

Defendants City of Aurora, Daniel J. Oates, and Christian Lertch’s Partial Motion to Dismiss the
Complaint (Doc. No. 16) is DENIED AS MOOT.

ORDERED:

Daniel J. Oates and Christen Lertch are dismissed as unnecessary parties.

ORDERED:

Defendant City of Aurora’s Partial Motion to Dismiss the First Amended Complaint (Doc. No. 22)
is DENIED.

ORDERED:

Plaintiffs’ counsel concedes the initial stop was not a violation of the Fourth Amendment.
Plaintiffs’ first claim for relief is dismissed.

ORDERED:

Defendants Kristopher McDowell, Luke J. Barker, Richard Ray, Brandt A. Smith, Michael David
Prince, A. Todd Chanos, and Christen Lertch’s Partial Motion to Dismiss First Amended
Complaint (Doc. No. 32) is DENIED.

2:30 p.m.

Court in recess.

Hearing concluded. Total time: 31 minutes.

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