L.S. et al v. Calhan School District RJ-1 et al

Filing 57

MINUTE ENTRY for proceedings held before Judge Lewis T. Babcock: Scheduling Conference held on 3/3/2016. Denying 55 Motion for Entry of Judgment under Rule 54(b). Evidentiary Hearing set for 5/10/2016 09:00 AM and 5/11/2016 09:00 AM in Courtroo m C401 before Judge Lewis T. Babcock. 3-day trial to the court set to commence on Monday, May 9, 2016, at 9:00 a.m. is VACATED. Trial preparation conference set for Friday, April 8, 2016, at 8:00 a.m., is VACATED. Parties shall submit proposed findings of fact and conclusions of law together with any trial brief concerning evidentiary questions which remain not later than Thursday, April 28, 2016. Court Reporter: Mary George. (rkeec)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: Robert R. Keech Date: March 3, 2016 Court Reporter: Mary George _____________________________________________________________________ Civil Case No. 15-cv-00426-LTB-MJW Counsel: L.S., by and through his parents and next friends E.S. and J.S., Jack D. Robinson Plaintiff, v. CALHAN SCHOOL DISTRICT RJ-1, and PIKES PEAK BOCES, Kathleen A. Sullivan Defendants. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ SCHEDULING AND PRE-EVIDENTIARY HEARING CONFERENCE 8:58 a.m. Court in Session. Court calls case. Appearances of counsel. The Court received the parties’ proposed Pre-Evidentiary Hearing Order. Court’s opening remarks. Plaintiff’s Motion for Certification of February 19, 2016 Order as Final Under Fed. R. Civ. p. 54(b) [ECF Doc. No. 55], filed February 25, 2016, is raised for argument. 9:02 a.m. Argument by Plaintiff by Mr. Robinson. 1 9:10 a.m. Argument by Defendant by Ms. Sullivan. 9:15 a.m. Argument by Plaintiff by Mr. Robinson. Court makes findings. ORDERED: Plaintiff's Motion for Certification of February 19, 2016 Order as Final Under Fed. R. Civ. p. 54(b) [ECF Doc. No. 55], filed February 25, 2016, is DENIED. 9:26 a.m. Discussion regarding proposed Pre-Evidentiary Hearing Order, setting a 2-day evidentiary hearing, and testimony from Dr. Bruce E. Grabert. ORDERED: Court will HOLD IN ABEYANCE a determination as to whether Dr. Bruce E. Grabert will be permitted to testify at the evidentiary hearing. Pre-Evidentiary Hearing Order is APPROVED BY THE COURT. ORDERED: A 2-day Evidentiary Hearing is set to commence on Tuesday, May 10, 2016, at 9:00 a.m., in Courtroom C-401, Byron G. Rogers United States Courthouse. ORDERED: 3-day trial to the court set to commence on Monday, May 9, 2016, at 9:00 a.m. is VACATED. ORDERED: Trial preparation conference set for Friday, April 8, 2016, at 8:00 a.m., is VACATED. 9:37 a.m. Discussion regarding witnesses to be called at the 2-day evidentiary hearing. ORDERED: Parties shall submit proposed findings of fact and conclusions of law together with any trial brief concerning evidentiary questions which remain not later than Thursday, April 28, 2016. 9:40 a.m. Court in Recess. Hearing concluded. Total Time in court: :42 2

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