Gabriel v. El Paso County Criminal Justice Center et al

Filing 78

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Status Conference held on 11/2/2015. Granting 28 Plaintiff's Motion to Seek Leave of Court to Amend Complaint. Plaintiff's First A mended Civil Rights Compliant [sic] with Request for Jury Trial 31 is accepted for filing as of 11/2/2015 and is the operative pleading. Attachments from 28 are accepted as attachments to the First Amended Civil Rights Complaint. Granting 32 Plaintiff's Motion to Request Class 1 Restriction for All Sensitive Documents Pursuant to D.C.COLO.LCivR 7.1(a) and D.C.COLO.LCivR 7.2. Denying as moot 9 Defendant El Paso County Justice Center's Motion to Dismiss Plai ntiff's Complaint (Doc. 2) Pursuant to Fed. R. Civ. P. 12(b)(6). Denying as moot 10 Defendants Correct Care Solutions and Correctional Care Solutions and Correctional Healthcare Companies Motion to Dismiss. Denying as moot 33 Plaintiff's Motion to Seek Leave of Court to Amend Complaint. Denying as moot 59 Plaintiff's Motion to Seek Leave of Court to Amend Complaint. Denying 70 Plaintiff's Motion to Stay All Proceedings and Liti gation with Defendant Pedley-Cooper until after the District Judge Reviews and Rules on Plaintiff's Objections to the Magistrate Judges October 9, 2015 Minute Order Ruling. Discovery is STAYED until anticipated Motions to Dismiss as to the First Amended Complaint are decided. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A402. (emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 15-cv-01491-REB-CBS
Courtroom Deputy: Ellen E. Miller

Date: November 2, 2015
FTR – Reporter Deck-Courtroom A402

Parties:

Counsel:

VINCENT GABRIEL,

Pro se

Plaintiff,
v.
EL PASO COUNTY CRIMINAL
JUSTICE CENTER, et al.,

Kenneth R. Hodges (By telephone)
Jacob D. Massee

Defendant.

COURTROOM MINUTES/MINUTE ORDER
HEARING: STATUS CONFERENCE
Court in session: 12:17 p.m.
Court calls case. Appearances of Pro Se Plaintiff and defense counsel.
Discussion is held regarding pending motions.
It is ORDERED:

Plaintiff’s MOTION TO SEEK LEAVE OF COURT TO AMEND
COMPLAINT [Docket No. 28, filed September 30, 2015] is GRANTED,
for reasons as set forth on the record.
Plaintiff’s FIRST AMENDED CIVIL RIGHTS COMPLIANT [sic] WITH
REQUEST FOR JURY TRIAL [Docket No. 31, filed September 30,
2015] (pages 1 through 48) is accepted for filing as of this date and is the
operative pleading.
Attachments to Docket No. 28 are accepted for filing as attachments to the
First Amended Civil Rights Compliant [sic] With Request for Jury Trial:
Attachment 28-1 pages 1 - 34 Restricted document
Attachment 28-2 pages 1 - 42
Attachment 28-3 pages 1 - 82
Attachment 28-4 pages 1 - 58
Attachment 28-5 page 1 of 1

It is ORDERED:

Plaintiff’s MOTION TO REQUEST CLASS 1 RESTRICTION FOR ALL
SENSITIVE DOCUMENTS PURSUANT TO D.C.COLO.LCivR 7.1(a)
and D.C.COLO.LCivR 7.2. [Docket No. 32, filed October 01, 2015] is
GRANTED for reasons as set forth on the record.

It is ORDERED:

Defendant El Paso County Justice Center’s MOTION TO DISMISS
PLAINTIFF’S COMPLAINT (Doc. 2) PURSUANT TO FED. R. CIV. P.
12(b)(6) [Docket No. 9, filed July 24, 2015] is DENIED AS MOOT,
without prejudice, for reasons as set forth on the record.

It is ORDERED:

Defendants Correct Care Solutions and Correctional Care Solutions and
Correctional Healthcare Companies MOTION TO DISMISS [Docket No.
10, filed July 29, 2015] is DENIED AS MOOT, without prejudice, for
reasons as set forth on the record.

It is ORDERED:

Plaintiff’s MOTION TO SEEK LEAVE OF COURT TO AMEND
COMPLAINT [Docket No. 33, filed October 01, 2015] is DENIED AS
MOOT.

It is ORDERED:

Defendant Theresa Pedley Cooper’s MOTION TO DISMISS [Docket No.
59, filed October 21, 2015] is DENIED AS MOOT, without prejudice, for
reasons as set forth on the record.

It is ORDERED:

Plaintiff’s MOTION TO STAY ALL PROCEEDINGS AND
LITIGATION WITH DEFENDANT PEDLEY-COOPER UNTIL AFTER
THE DISTRICT JUDGE REVIEWS AND RULES ON PLAINTIFF’S
OBJECTIONS TO THE MAGISTRATE JUDGE’S OCTOBER 9, 2015
MINUTE ORDER RULING [Docket No. 70, filed October 28, 2015] is
DENIED for reasons as set forth on the record.

It is noted Plaintiff has fourteen (14) days from today in which to file any objections he may
wish to file as to the Court’s rulings made today.
It is ORDERED:

Discovery is STAYED until anticipated Motions to Dismiss as to the First
Amended Complaint are decided.

Hearing Concluded.
Court in recess: 12:49 p.m.
Time in court: 00: 32
To order transcripts of hearings please contact Stevens-Koenig Reporting at [phone].