Farrel1 v. State of Colorado et al

Filing 21

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Status Conference held on 11/3/2014. ORDERED: MOTION 14 for Service of Process is DENIED without prejudice. ORDERED: Mr. Farrell's oral Motion is GRANTED. This cas e will be held in ABEYANCE and all proceedings are STAYED pending a decision by the Colorado Supreme Court in Ankeney, et al. v. State of Colorado, et al. 14-cv-00007-MSK-KMT. MOTION 19 to Dismiss Pursuant to Fed.R.Civ.P.12(B)(1) and (6) is DENIED without prejudice. Parties shall file a joint status report within ten days of the Colorado Supreme Court's ruling to advise how they wish to proceed, including whether Plaintiff intends to file a motion to amend the complaint, whether defendants wish to file a renewed motion to dismiss, and whether a scheduling conference should be set. FTR: Courtroom A-402. (amont)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 14-cv-01882-MSK-CBS
Courtroom Deputy: Amanda Montoya

Date: November 3, 2014
FTR – Reporter Deck-Courtroom A402

Parties:

Counsel:

TERRANCE FARRELL, III,

Pro se (by telephone)

Plaintiff,
v.
STATE OF COLORADO, et al.,

Nicole Gellar

Defendant.

COURTROOM MINUTES/MINUTE ORDER
HEARING: STATUS CONFERENCE
Court in session: 10:15 a.m.
Court calls case. Appearances of counsel.
Ms. Gellar is solely representing Rick Raemisch and does not know if the State of Colorado has
been served. Mr. Zavaris has not been served. The Plaintiff is responsible for finding an address
for the US Marshal’s to affect service upon Mr. Zavaris.
ORDERED: MOTION [14] for Service of Process is DENIED without prejudice.
Discussion regarding the allegations against the defendants and the findings in a similar case.
Ms. Gellar addresses similar case 14-cv-00007-MSK-KMT and the pending Colorado Supreme
Court ruling regarding similar issues in this case. Mr. Farrell has a pending case before the
Supreme Court. The Court discusses District Judge Krieger’s trial date practice.
The Court reads minute order #63 from 14-cv-00007-MSK-KMT, which denies without
prejudice the Motion to Dismiss and orders parties to file a status report after a ruling from the
Colorado Supreme Court. After discussing this order, parties agree this is the most appropriate
way to handle this case. Mr. Farrell makes an oral Motion to STAY this case.
ORDERED: Mr. Farrell’s oral Motion is GRANTED. This case will be held in ABEYANCE
and all proceedings are STAYED pending a decision by the Colorado Supreme
Court in Ankeney, et al. v. State of Colorado, et al. 14-cv-00007-MSK-KMT.

MOTION [19] to Dismiss Pursuant to Fed.R.Civ.P.12(B)(1) and (6) is DENIED without
prejudice.
Parties shall file a joint status report within ten days of the Colorado Supreme Court’s
ruling to advise how they wish to proceed, including whether Plaintiff intends to file a
motion to amend the complaint, whether defendants wish to file a renewed motion to
dismiss, and whether a scheduling conference should be set.
The Clerk’s office will research with the Department of Corrections to see if there is a last
known address for Mr. Zavaris as well as an address to serve the State of Colorado.
Hearing Concluded.
Court in recess: 11:14 a.m.
Time in court: 00:59
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303)
825-6119 or toll free at 1-800-962-3345.