Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

Filed 08/01/2006

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APPEAL, NDISPO, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:04-cv-01150-LTB-BNB

Waldron, et al v. Drury, et al Assigned to: Chief Judge Lewis T. Babcock Referred to: Magistrate Judge Boyd N. Boland Demand: $0 Cause: 42:1983 Civil Rights Act Plaintiff Barbara Waldron

Date Filed: 06/04/2004 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

represented by Dennis B. Wanebo Paulsen & Wanebo, LLC 8704 Yates Drive #100 Westminister, CO 80031 U.S.A 303-426-7336 Fax: 303-426-7411 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall John Paulsen Paulsen & Wanebo, LLC 8704 Yates Drive #100 Westminister, CO 80031 U.S.A 303-426-7336 Fax: 303-426-7411 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott Robert Armitage Scott Armitage, P.C. 8704 Yates Drive #210 Westminster, CO 80031 U.S.A 303-427-4664 Fax: 303-412-7644 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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Plaintiff Richard Sarro represented by Dennis B. Wanebo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall John Paulsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott Robert Armitage (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Elizabeth Brookhart represented by Dennis B. Wanebo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall John Paulsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott Robert Armitage (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant James (I) Drury individually represented by David R. Brougham Hall & Evans-Denver CO United States District Court Box 05 1125 Seventeenth Street #600 Denver, CO 80202-5817 U.S.A 303-628-3300 Fax: 303-293-3238 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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James Drury in his official capacity as former Sheriff of the County of Alamosa TERMINATED: 03/01/2005

represented by David R. Brougham (See above for address) TERMINATED: 03/01/2005 LEAD ATTORNEY Josh Adam Marks Berg, Hill, Greenleaf & Ruscutti, LLP 1712 Pearl Street Boulder, CO 80302 U.S.A 303-402-1600 Fax: 303-402-1601 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Justin Colby Berg Berg, Hill, Greenleaf & Ruscutti, LLP 1712 Pearl Street Boulder, CO 80302 U.S.A 303-402-1600 Fax: 303-402-1601 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Charles (I) J. Kalbacher individually TERMINATED: 06/06/2006 Defendant Charles J. Kalbacher in his capacity as former Deputy District Attorney for the 12th Judicial District TERMINATED: 06/06/2006 Defendant 12th Judicial District, Office of the District Attorney TERMINATED: 06/06/2006 Defendant Alamosa County Sheriff's Department a political subdivision of the State of Colorado represented by David R. Brougham (See above for address) TERMINATED: 03/01/2005 LEAD ATTORNEY represented by David R. Brougham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by David R. Brougham (See above for address) ATTORNEY TO BE NOTICED represented by David R. Brougham (See above for address) ATTORNEY TO BE NOTICED

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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Josh Adam Marks (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Justin Colby Berg (See above for address) ATTORNEY TO BE NOTICED Defendant Alamosa, County of a body corporate and politic TERMINATED: 06/06/2006 Defendant Alamosa County, Board of County Commissioners a political subdivision of the State of Colorado Defendant Eugene L. Farish former District Attorney 12th Judicial Dist. State of Co TERMINATED: 06/06/2006 Defendant Eugene (I) L. Farish individually TERMINATED: 06/06/2006 Defendant David Strong Alamosa County Sheriff represented by Josh Adam Marks (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Justin Colby Berg (See above for address) ATTORNEY TO BE NOTICED represented by David R. Brougham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by David R. Brougham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by David R. Brougham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by David R. Brougham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/04/2004

#

Docket Text 1 COMPLAINT (Summons(es) issued); jury demand (bpm) (Entered: 06/07/2004)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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06/04/2004 07/02/2004

FILING FEE PAID: on 6/4/04 in the amount of $ 150, receipt # 252286. (bpm) (Entered: 06/07/2004) 2 AMENDED COMPLAINT [1-1] by plaintiff; jury demand; adding defendant Eugene L. Farish as former Dist Attu 12th Judicial Dist, Eugene (I) L. Farish individually (erv) (Entered: 07/06/2004) 3 RETURN OF SERVICE of Summons and Complaint upon defendant Eugene L. Farish, defendant Eugene (I) L. Farish on by leaving with: Cherie Williams (erv) (Entered: 08/31/2004) 4 RETURN OF SERVICE of Summons and Complaint upon defendant Alamosa Bd Cty Commr on 8/23/04 by leaving with: Holly Lauder (erv) (Entered: 08/31/2004) 5 RETURN OF SERVICE of Summons and Complaint upon defendant 12th Jud Dist DA on 8/23/04 by leaving with: Alysha Maxwell (erv) (Entered: 08/31/2004) 6 RETURN OF SERVICE of Summons and Complaint upon defendant Alamosa County SD on 8/23/04 by leaving with: Alice Espinoza (erv) (Entered: 08/31/2004) 7 MOTION by defendant 12th Jud Dist DA, defendant Alamosa County SD, defendant Alamosa, County of, defendant Alamosa Bd Cty Commr, defendant Eugene L. Farish to extend time to Answer Complaint extended to: 10/4/04 (erv) (Entered: 09/09/2004) 8 MINUTE ORDER : by Chief Judge Lewis T. Babcock granting Dfts unopposed motion to extend time to Answer Complaint extended to: 10/4/04 [7-1] (cc: all counsel) ; entry date : 9/10/04 (erv) (Entered: 09/10/2004) 9 RETURN OF SERVICE of Summons and Complaint upon defendant James (I) Drury, defendant James Drury on 9/27/04 by leaving with: James P. Drury (erv) (Entered: 10/01/2004) 10 ANSWER by defendant James (I) Drury, defendant James Drury, defendant 12th Jud Dist DA, defendant Alamosa County SD, defendant Alamosa, County of, defendant Alamosa Bd Cty Commr, defendant Eugene L. Farish, defendant Eugene (I) L. Farish to Amended complaint [2-1] (erv) (Entered: 10/05/2004) 11 ORDER R16,stat,stlmt,pt,pto Case referred to Magistrate Judge Boyd N. Boland by Chief Judge Lewis T. Babcock to counsel) (erv) (Entered: 10/07/2004) 12 ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Boyd N. Boland ; Rule 16 conference set for 8:30 11/23/04 (cc: all counsel) (erv) (Entered: 10/21/2004) 13 SUMMONS Returned Executed by Pla Elizabeth Brookhart. Service was upon Capital City Health and Rehab Center (not a named Dft) It does not state who accepted service (erv, ) (Entered: 11/24/2004)

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14 Minute Entry for proceedings held before Judge Boyd N. Boland : Scheduling Conference held on 11/23/2004 Discovery due by 5/31/2005. Dispositive Motions due by 6/30/2005. Proposed Pretrial Order due by 8/25/2005. Final Pretrial Conference set for 9/1/2005 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Settlement Conference set for 4/14/2005 10:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. (Court Reporter FTR BNB Courtroom A-401.) (pap, ) (Entered: 11/26/2004) 15 SCHEDULING ORDER: Discovery due by 5/31/2005. Dispositive Motions due by 6/30/2005. Settlement Conference set for 4/14/2005 10:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Proposed Pretrial Order due by 8/25/2005. Final Pretrial Conference set for 9/1/2005 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.. Signed by Magistrate Judge Boyd N. Boland on 11/23/04. (pap, ) (Entered: 11/26/2004) 16 MINUTE ORDER re [14] Scheduling Conference, Settlement Conf set 4/14/05 10:30 a.m. and Pretrial Conf set 9/10/05 8:30 a.m. with proposed final pretrial order due on or before 8/25/05. Signed by Magistrate Judge Boyd N. Boland on 11/23/04. (pap, ) (Entered: 11/26/2004) 17 MINUTE ORDER setting Seven Day Jury Trial set for 10/31/2005 08:30 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock. Trial Preparation Conference set for 9/28/2005 at 08:00 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock. by Chief Judge Lewis T. Babcock on 11/30/04. (erv, ) (Entered: 12/01/2004) 18 ANSWER to Amended Complaint by Charles (I) J. Kalbacher, Charles J. Kalbacher.(erv, ) (Entered: 12/28/2004) 19 Unopposed MOTION for Order of Substitution and to Amend the Case Caption pursuant thereto . (erv, ) (Entered: 02/28/2005) 20 MOTION to Withdraw as Attorney of record for the former Sheriff of Alamosa County Defendant James (I) Drury, James Drury and Alamosa County Sheriff's Department and enter John Marks, Esq. and Justin C. Berg as attorney of record on behalf of Dfts James Drury and the Alamos County Sheriff's Dept. (erv, ) (Entered: 02/28/2005) 21 ORDER granting [19] Motion for Order of Substitution and to Amend the Case Caption. Signed by Chief Judge Lewis T. Babcock on 3/1/05. (erv, ) (Entered: 03/03/2005) 48 ORDER granting [20] Motion to Withdraw as Attorney. Added attorney Josh Adam Marks and Justin C. Berg for Defendant James Drury in his official capacity and the Alamosa County Sheriff's Department. Attorney David R. Brougham terminated . Signed by Judge Lewis T. Babcock on 2/28/05. (emksl, ) (Entered: 08/16/2005) 22 Unopposed MOTION to Extend time pursuant to FRCP 6 and D.C.COLO.LCivR. 6.1 regarding Pla's Expert Disclosures, by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (erv, ) (Entered:

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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03/03/2005) 03/04/2005 23 MEMORANDUM referring to Magistrate Judge Boland : [22] Unopposed MOTION to Extend time pursuant to FRCP 6 and D.C.COLO.LCivR. 6.1 regarding Pla's Expert Disclosures, filed by Barbara Waldron,Richard Sarro, Elizabeth Brookhart, by Chief Judge Lewis T. Babcock on 3/4/05. (erv, ) (Entered: 03/07/2005) 24 Minute ORDER granting [22] Motion for Extension of Time to designate experts, Pla shall designate all experts on or before 3/8/05. by Magistrate Judge Boyd N. Boland on 3/7/05. (erv, ) (Entered: 03/10/2005) 25 MINUTE ORDER, Reset Hearings: Settlement Conference set for 6/15/2005 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 3/14/05. (erv, ) (Entered: 03/16/2005) 26 MOTION to Reset Settlement Conf by Defendants Excluding Dfts Strong, and the Alamosa County Sheriff's dept, Alamosa, County of, Alamosa County, Board of County Commissioners, Eugene L. Farish, Eugene (I) L. Farish, James (I) Drury, Charles (I) J. Kalbacher, Charles J. Kalbacher, 12th Judicial District, Office of the District Attorney, Plaintiff Richard Sarro. (erv, ) (Entered: 03/21/2005) 27 MEMORANDUM referring to Magistrate Judge Boland : [26] Dfts MOTION to Reset Settlement Conf . by Chief Judge Lewis T. Babcock on 3/21/05. (erv, ) (Entered: 03/23/2005) 28 Minute ORDER granting [26] Motion to Reset settlement Conf. Settlement Conference Reset for 6/7/2005 08:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 3/24/05. (erv, ) (Entered: 03/28/2005) 29 Unopposed MOTION For Extension of Time to Complete Discovery and Extend the Dispositive Motion Deadline by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (erv, ) (Entered: 03/28/2005) 30 MEMORANDUM referring to Magistrate Judge Boland : [29] Pla's Unopposed MOTION For Extension of Time to Complete Discovery and Extend the Dispositive Motion Deadline. by Chief Judge Lewis T. Babcock on 4/4/05. (erv, ) (Entered: 04/05/2005) 31 ORDER granting [29] Motion for Extension of Time to complete Discovery and extend Dispositive Motions Deadline. Discovery cut-off is extended to and incl 7/8/05, and the deadline to file dispositive motions is extended to and incl 7/29/05. Signed by Magistrate Judge Boyd N. Boland on 4/6/05. (erv, ) (Entered: 04/08/2005) 32 MOTION for Leave to appear at the Settlement Conf by Telephone, by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (erv, ) (Entered: 06/01/2005) 33 MOTION for Leave to appear by telepone at the Settlement Conf, by Defendants Alamosa, County of, Alamosa County, Board of County

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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Commissioners, Eugene L. Farish, Eugene (I) L. Farish, David Strong, James (I) Drury, Charles (I) J. Kalbacher, Charles J. Kalbacher, 12th Judicial District, Office of the District Attorney, Alamosa County Sheriff's Department. (erv, ) (Entered: 06/03/2005) 06/01/2005 34 ORDER denying [32], [33] Motions for Leave to attend Settlement Conf by telephone, Vacating the Settlement conf set for 6/7/05. Signed by Magistrate Judge Boyd N. Boland on 6/1/05. (erv, ) (Entered: 06/03/2005) 35 CERTIFICATE by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Armitage, Scott) (Entered: 07/14/2005) 36 Unopposed MOTION to Amend/Correct/Modify [31] Order on Motion for Extension of Time, Re Dispositive Motion Deadline by Defendants David Strong, Alamosa County Sheriff's Department. (Attachments: # 1 Proposed Order (PDF Only) Re: Defendants' Unopposed Motion to Amend Scheduling Order re: Dispositive Motion Deadline)(Berg, Justin) (Entered: 07/25/2005) 37 MEMORANDUM referring to Magistrate Judge Boland : 36 Unopposed MOTION to Amend/Correct/Modify [31] Order on Motion for Extension of Time, Re Dispositive Motion Deadline filed by David Strong, Alamosa County Sheriff's Department, by Judge Lewis T. Babcock on 8/2/05. (Text Only Entry - No Document Attached) (emksl, ) (Entered: 08/02/2005) 38 ORDER Denying Without Prejudice Defendant's 36 Unopposed Motion to Amend Scheduling Order Re: Dispositive Motion Deadline. Signed by Magistrate Judge Boyd N. Boland on 8/3/05. (emksl, ) (Entered: 08/03/2005) 39 MOTION to Amend/Correct/Modify [14] Scheduling Conference,, Set Deadlines/Hearings, Renewed Unopposed Motion to Amend Scheduling Order Re: Dispositive Motion Deadline by Defendants David Strong, Alamosa County Sheriff's Department. (Berg, Justin) (Entered: 08/03/2005) 40 MOTION for Order to Re: Defendants' Renewed Unopposed Motion to Amend Scheduling Order Re: Dispositive Motion Deadline by Defendants David Strong, Alamosa County Sheriff's Department. (Berg, Justin) (Entered: 08/03/2005) 41 MEMORANDUM referring to Magistrate Judge Boland : 39 MOTION to Amend/Correct/Modify [14] Scheduling Conference, Renewed Unopposed Motion to Amend Scheduling Order Re: Dispositive Motion Deadline filed by David Strong, Alamosa County Sheriff's Department, by Judge Lewis T. Babcock on 8/5/05. (Text Only Entry - No Document Attached)(gms, ) (Entered: 08/05/2005) 42 ORDER denying Defendant's 39 Renewed Unopposed Motion to Amend Scheduling Order Re: Dispositive Motion Deadline. Signed by Magistrate Judge Boyd N. Boland on 8/8/04. (emksl, ) (Entered:

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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08/08/2005) 08/08/2005 43 MOTION to Continue Trial by Defendants Alamosa, County of, Alamosa County, Board of County Commissioners, Eugene L. Farish, Eugene (I) L. Farish, James (I) Drury, Charles (I) J. Kalbacher, 12th Judicial District, Office of the District Attorney. (Brougham, David) (Entered: 08/08/2005) 44 MOTION to Continue the Trial Date by Defendants David Strong, Alamosa County Sheriff's Department. (Berg, Justin) (Entered: 08/08/2005) 45 CERTIFICATE Plaintiff's FRCP Rule 26 Third Supplemental Disclosures by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Armitage, Scott) (Entered: 08/09/2005) 46 RESPONSE to Motion re 43 MOTION to Continue Trial, 44 MOTION to Continue the Trial Date filed by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Armitage, Scott) (Entered: 08/10/2005) 47 MINUTE ORDER confirming that a hearing on Defendants' Motions for Continuance of Trial Date 43and 44 is set for Wednesday, August 31, 2005 at 1:30 p.m. in Courtroom A201, by Judge Lewis T. Babcock on 8/11/05. (emksl, ) (Entered: 08/11/2005) 49 MOTION to Withdraw Document re 46 Response to Motion, by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Attachments: # 1 Proposed Order (PDF Only))(Armitage, Scott) (Entered: 08/16/2005) 50 Order: The Hearing on Defendants' Motions for Continuance of TrialDate set for 8/31/05 is VACATED. The trial set October 31, 2005 is VACATED. The Trial Preparation Conference set at 8:00 a.m. on Wednesday, September 28, 2005 is CONVERTED to a Further Scheduling Conference in Courtroom A201. Signed by Judge Lewis T. Babcock on 8/17/05. (emksl, ) Main Document added on 8/17/2005 (emksl, ). Modified to add pdf 8/17/2005 (emksl, ). (Entered: 08/17/2005) 51 Docket Annotation re: 50. PDF was attached to docket and docket text was modified to read 'order' rather than 'set/reset...' (Text only entry - no document attached.) (emksl, ) (Entered: 08/17/2005) 52 Minute ORDER: Pursuant to the order 50 entered by Chief Judge Babcock on August 17, 2005, the Pretrial Conference set for September 1, 2005, is VACATED, by Magistrate Judge Boyd N. Boland on 8/24/05. (emksl, ) (Entered: 08/24/2005) 53 MINUTE ORDER, Set Hearings: Supplemental Scheduling Conference set for 10/20/2005 01:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 9/28/05. (erv, ) (Entered: 09/28/2005) 54 Minute Entry for proceedings held before Judge Lewis T. Babcock :

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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Hearing- Furthur Scheduling Conference held on 9/28/2005: Final Trial Preparation Conference set for 7/7/2006 before Chief Judge Lewis T. Babcock. An eight-day jury trial is set Monday, July 31, 2006. (Court Reporter Gwen Daniel.) (emksl, ) (Entered: 09/28/2005) 09/29/2005 55 MINUTE ORDER: Eight-day Jury Trial set for 7/31/2006 08:30 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock. Final Trial Preparation Conference set for 7/7/2006 at 4:00 p.m. before Chief Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 9/29/05. (emksl, ) (Entered: 09/29/2005) 56 Proposed Scheduling Order (Supplemental) by Defendants Alamosa, County of, Alamosa County, Board of County Commissioners, Eugene L. Farish, Eugene (I) L. Farish, David Strong, James (I) Drury, James Drury, Charles (I) J. Kalbacher, Charles J. Kalbacher, 12th Judicial District, Office of the District Attorney, Alamosa County Sheriff's Department, Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Marks, Josh) (Entered: 10/17/2005) 57 MINUTE ORDER: Final Pretrial Order due by 5/30/2006. Final Pretrial Conference set for 6/5/2006 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 10/20/05. (emksl, ) (Entered: 10/20/2005) 58 Supplemental SCHEDULING ORDER: Final Pretrial Order due by 5/30/2006. Final Pretrial Conference set for 6/5/2006 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Discovery due by 1/20/2006. Signed by Magistrate Judge Boyd N. Boland on 10/20/05. (emksl, ) (Entered: 10/20/2005) 59 Minute Entry for proceedings held before Judge Boyd N. Boland : Scheduling Conference held on 10/20/2005: Dispositive Motions due by 2/1/2006. Final Pretrial Order due by 5/30/2006. Final Pretrial Conference set for 6/5/2006 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Discovery due by 1/20/2006.(Court Reporter FTR- Geneva D. Mattei.) (emksl, ) (Entered: 10/20/2005) 60 MOTION to Dismiss and/or Motion for Summary Judgment by Defendants Alamosa, County of, Alamosa County, Board of County Commissioners, Eugene L. Farish, Eugene (I) L. Farish, James (I) Drury, Charles (I) J. Kalbacher, 12th Judicial District, Office of the District Attorney. (Brougham, David) (Modified on 2/14/2006 to state exactly title of the document) (gms, ). (Entered: 01/31/2006) 61 BRIEF in Support re 60 MOTION for Summary Judgment filed by Defendants Alamosa, County of, Alamosa County, Board of County Commissioners, Eugene L. Farish, Eugene (I) L. Farish, James (I) Drury, Charles (I) J. Kalbacher, 12th Judicial District, Office of the District Attorney. (Attachments: # 1 Affidavit of Eugene Farish)(Brougham, David) (Entered: 01/31/2006) 62 MOTION for Summary Judgment by Defendants David Strong, Alamosa County Sheriff's Department. (Attachments: # 1 Continuation of Main

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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Document Brief in Support of Motion for Summary Judgment# 2 Exhibit Exhibit A# 3 Exhibit Exhibit B# 4 Exhibit Exhibit C# 5 Exhibit Exhibit D# 6 Exhibit Exhibit E# 7 Exhibit Exhibit F# 8 Exhibit Exhibit G# 9 Exhibit Exhibit H# 10 Exhibit Exhibit I# 11 Exhibit Exhibit J# 12 Exhibit Exhibit K# 13 Exhibit Exhibit L# 14 Exhibit Exhibit M# 15 Exhibit Exhibit N# 16 Exhibit Exhibit O# 17 Exhibit Exhibit P# 18 Exhibit Exhibit Q# 19 Exhibit Exhibit R# 20 Exhibit Exhibit S# 21 Exhibit Exhibit T# 22 Exhibit Exhibit U# 23 Exhibit Exhibit V# 24 Exhibit Exhibit W, Part 1# 25 Exhibit Exhibit W, Part 2# 26 Exhibit Exhibit W, Part 3# 27 Exhibit Exhibit W, Part 4# 28 Exhibit Exhibit W, Part 5# 29 Exhibit Exhibit X# 30 Exhibit Exhibit Y)(Berg, Justin) (Entered: 02/01/2006) 02/13/2006 63 MOTION for Extension of Time to File Response/Reply as to 61 Brief in Support of Motion,, 60 MOTION for Summary Judgment, 62 MOTION for Summary Judgment by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Armitage, Scott) (Entered: 02/13/2006) 64 Docket Annotation re: 63 MOTION for Extension of Time to File Response/Reply as to 61 Brief in Support of Motion, 60 MOTION for Summary Judgment, 62 MOTION for Summary Judgment; Motion terminated to be refiled pursuant to ECF Filing procedures Text only entry - no document attached. (erv, ) (Entered: 02/13/2006) 65 MOTION for Extension of Time to File Response/Reply as to 61 Brief in Support of Motion,, 60 MOTION for Summary Judgment, 62 MOTION for Summary Judgment by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Re: Motion for Enlargement of Time to Respond to Mtns to Dimiss and Mtns for Summary Judgment)(Armitage, Scott) (Entered: 02/13/2006) 66 Docket Annotation re: 60 MOTION for Summary Judgment. This docket entry was modified to state the exact title of the document. Text only entry - no document attached. (gms, ) (Entered: 02/14/2006) 67 MINUTE ORDER granting Plaintiff's 65 Motion for Extension of Time to File Response to Defendants' Motion to Dismiss and Motions for Summary Judgment. Plaintiff has until and including 02/27/06, by Judge Lewis T. Babcock on 02/14/06. (rlp, ) (Entered: 02/14/2006) 68 BRIEF in Opposition re 60 MOTION for Summary Judgment, 62 MOTION for Summary Judgment filed by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Attachments: # 1 Exhibit 1 Part 1# 2 Exhibit 1 Part 2# 3 Exhibit 1 Part 3# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit Unpublished Opinions# 12 Exhibit 7)(Armitage, Scott) (Entered: 02/27/2006) 69 LETTER re: 68 Brief in Opposition to Motion, by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Wanebo, Dennis) (Entered: 02/28/2006)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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70 NOTICE re 68 Brief in Opposition to Motion, by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart (Paulsen, Randall) (Entered: 03/01/2006) 71 Conventionally Submitted Material : Exhibits Relating to Plaintiffs' Brief in Opposition to Defendants' Motions for Summary Judgment to Brief in Opposition to Motion, 68 by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart Text Only Entry - No Document Attached (rlp, ) (Entered: 03/02/2006) 72 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Response to Defendant's 62 Motion for Summary Judgment by Defendants David Strong, Alamosa County Sheriff's Department. (Attachments: # 1 Proposed Order (PDF Only))(Berg, Justin) Modified docket entry to create link to #62 on 3/15/2006 (rlp2, ). (Entered: 03/14/2006) 73 MINUTE ORDER granting 72 Unopposed MOTION for Extension of Time to File Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment, Reply due by 3/21/2006, by Judge Lewis T. Babcock on 03/15/06. (rlp2, ) (Entered: 03/15/2006) 74 Docket Annotation re: 72 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment Modified docket entry to create link to #62 on 3/15/2006, Text only entry - no document attached. (rlp2, ) (Entered: 03/15/2006) 75 NOTICE of Errata and Unopposed Motion for Reconsideration of Defendants' Unopposed Motion for Extension of Time to File a Reply Brief by Defendants David Strong, Alamosa County Sheriff's Department (Attachments: # 1 Proposed Order (PDF Only))(Berg, Justin) (Entered: 03/15/2006) 76 MINUTE ORDER: GRANTING 75 Defendants Strong and Alamosa County Sheriff's Department's Unopposed Motion for Reconsideration of Defendants' Motion for Extension of Tiem to File Reply Brief, All Defendants have until 03/21/06 to file reply brief, by Judge Lewis T. Babcock on 03/16/06. (rlp, ) (Entered: 03/16/2006) 77 REPLY to Response to Motion re 60 MOTION for Summary Judgment filed by Defendants Alamosa, County of, Alamosa County, Board of County Commissioners, Eugene L. Farish, Eugene (I) L. Farish, James (I) Drury, Charles (I) J. Kalbacher, 12th Judicial District, Office of the District Attorney. (Brougham, David) (Entered: 03/21/2006) 78 REPLY to Response to Motion re 62 MOTION for Summary Judgment filed by Defendants David Strong, Alamosa County Sheriff's Department. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C)(Marks, Josh) (Entered: 03/21/2006) 79 MOTION to Strike Or Otherwise Preclude Certain Proposed Expert Testimony of Detective Michael Lynch and Alexander Garlin, Esq. And

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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Request For A Daubert Hearing by Defendants David Strong, Alamosa County Sheriff's Department. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Proposed Order (PDF Only) Proposed Order)(Berg, Justin) (Entered: 03/30/2006) 03/31/2006 80 MINUTE ORDER re: 79 MOTION to Strike Or Otherwise Preclude Certain Proposed Expert Testimony of Detective Michael Lynch and Alexander Garlin, Esq. And Request For A Daubert Hearing filed by David Strong, Alamosa County Sheriff's Department. Plaintiff's response due 04/20/06, Defendants reply due 04/30/06, by Judge Lewis T. Babcock on 03/31/06. (rlp, ) (Entered: 03/31/2006) 81 RESPONSE to Motion re 79 MOTION to Strike Or Otherwise Preclude Certain Proposed Expert Testimony of Detective Michael Lynch and Alexander Garlin, Esq. And Request For A Daubert Hearing filed by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4)(Wanebo, Dennis) (Entered: 04/20/2006) 82 MINUTE ORDER Final Pretrial Conference set for 6/6/2006 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Proposed Pretrial Order due by 5/30/2006, by Magistrate Judge Boyd N. Boland on 04/26/06. (rlp, ) (Entered: 04/26/2006) 83 REPLY to Response to Motion re 79 MOTION to Strike Or Otherwise Preclude Certain Proposed Expert Testimony of Detective Michael Lynch and Alexander Garlin, Esq. And Request For A Daubert Hearing filed by Defendants David Strong, Alamosa County Sheriff's Department. (Marks, Josh) (Entered: 05/01/2006) 84 MINUTE ORDER setting Scheduling Conference for 6/6/2006 08:30 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 05/31/06. (rlp, ) (Entered: 05/31/2006) 85 Proposed Pretrial Order by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Armitage, Scott) (Entered: 05/31/2006) 86 Proposed Pretrial Order Amended by Defendants Alamosa, County of, Alamosa County, Board of County Commissioners, Eugene L. Farish, Eugene (I) L. Farish, David Strong, James (I) Drury, James Drury, Charles (I) J. Kalbacher, Charles J. Kalbacher, 12th Judicial District, Office of the District Attorney, Alamosa County Sheriff's Department, Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Berg, Justin) (Entered: 06/02/2006) 87 Minute Entry-Courtroom Minutes for proceedings held before Magistrate Judge Boyd N. Boland. Final Pretrial Conference held on 6/6/2006. ORDERED:The proposed Pretrial Order was not approved; counsel were directed to submit a proposed Pretrial Order, in accordance with the directions of the Court, by June 30, 2006. Exhibits to be exchanged 90 days before the trial. Objections to be filed 80 days before the trial. (Court Reporter FTR-G. MATTEI.) (bnbcd, ) (Entered: 06/06/2006)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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88 MINUTE ORDER : Proposed final pretrial order is REFUSED. The parties shallsubmit a revised final pretrial order, modified as discussed today, on or before June 30, 2006 by Magistrate Judge Boyd N. Boland on 06/06/06. (rlp, ) (Entered: 06/06/2006) 89 Utility Resetting Deadlines per minute order of same date: Revised Final Proposed Pretrial Order due by 6/30/2006. Text only entry - no document attached. (rlp, ) (Entered: 06/06/2006) 90 ORDER: EUGENE L. FARISH, individually and in his official capacity; CHARLES KALBACHER, individually and in his official capacity; DISTRICT ATTORNEY, 12th Judicial District, State of Colorado, and ALAMOSA COUNTY, a body corporate and politic are DISMISSED from the case and caption amended accordingly. Motion Hearing set for 6/13/2006 09:00 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock on Motions for Summary Judgment 60 and 61. Final Trial Prep conference set for 07/07/06 @ 4:00pm, VACATED. Eight Day Jury trial set for 07/31/06 is VACATED. Signed by Judge Lewis T. Babcock on 06/06/06. (rlp, ) (Entered: 06/06/2006) 91 Minute Entry for proceedings held before Chief Judge Lewis T. Babcock: ORDERED: The trial date of July 31, 2006 and the Final Trial Preparation Conference date of July 7, 2006 are VACATED. ORDERED: Oral argument on Summary Judgment motions is set at 9:00 a.m. on Tuesday, June 13, 2006.Scheduling Conference held on 6/6/2006 (Court Reporter Gwen Daniel.) (ltbcd, ) (Entered: 06/06/2006) 92 Minute Entry for proceedings held before Judge Lewis T. Babcock : Motion Hearing held on 6/13/2006 on Motions for Summary Judgment, motions taken under advisement (Court Reporter Gwen Daniel.) (rlp, ) (Entered: 06/13/2006) 93 Memorandum Opinion and ORDER granting 60 Defendants' Motion to Dismiss and/or Motion for Summary Judgment is GRANTED; Defendants' Motion for Summary Judgment 62 is GRANTED; and this civil action is DISMISSED, with COSTS AWARDED to Defendants. The Clerk of the Court is directed to enter judgment in favor of the Defendants. Signed by Judge Lewis T. Babcock on 06/21/06. (rlp, ) (Entered: 06/22/2006) 94 JUDGMENT is entered in favor of Defendants James Drury, David D. Strong, Alamosa County Sheriff's Department and Alamosa County Board of Commissioners and against Plaintiffs Barbara Waldron, Richard Sarro and Elizabeth Brookhart, and the action and complaint are dismissed. Defendants are awarded costs upon the filing of a Bill of Costs with the Clerk of Court within 10 days of entry of Judgment . Signed on 06/30/06. (rlpsl, ) (Entered: 06/30/2006) 95 Proposed Bill of Costs by Defendants Alamosa County, Board of County Commissioners, James (I) Drury. (Attachments: # 1 Exhibit to Bill of Costs)(Brougham, David) (Entered: 07/12/2006) 96 Proposed Bill of Costs by Defendants David Strong, Alamosa County

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01150-LTB-BNB Document 105-3

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Sheriff's Department. (Attachments: # 1 Exhibit Itemization of Costs/Invoices)(Berg, Justin) (Entered: 07/12/2006) 07/13/2006 97 STIPULATION Regarding Defendants' Proposed Bills of Costs by Defendants Alamosa, County of, Alamosa County, Board of County Commissioners, Eugene L. Farish, Eugene (I) L. Farish, David Strong, James (I) Drury, James Drury, Charles (I) J. Kalbacher, Charles J. Kalbacher, 12th Judicial District, Office of the District Attorney, Alamosa County Sheriff's Department, Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Berg, Justin) (Entered: 07/13/2006) 98 ORDER re:97 Stipulation regarding defendants' proposed bills of costs the Defendants' two separate Bills of Costs 95 and 96 are approved and judgment should entered consistent therewith, Signed by Judge Lewis T. Babcock on 07/14/06. (rlp, ) (Entered: 07/14/2006) 99 Costs Taxed (Justin Bergs) in amount of $ 2,780.79 against Plaintiffs (rlp, ) (Entered: 07/17/2006) 100 Costs Taxed (Brougham) in amount of $ 3131.61 against Plaintiffs (rlp, ) (Entered: 07/17/2006) 101 MOTION For Extension of Time to File Notice of Appeal Pursuant to Federal Rules of Appellate Procedure 4(a)(5) by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Re Motion for Extension of Time to File Appeal)(Armitage, Scott) (Entered: 07/26/2006) 102 Minute ORDER granting Plaintiffs' Unopposed 101 Motion for Extension of Time to File Notice of Appeal to 8/3/06, by Judge Lewis T. Babcock on 7/27/06. (gms, ) (Entered: 07/27/2006) 103 NOTICE OF APPEAL as to 93 Order on Motion for Summary Judgment,,,, 94 Judgment, by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart (Armitage, Scott) (Entered: 07/31/2006) 104 MOTION to Stay re 94 Judgment, by Plaintiffs Barbara Waldron, Richard Sarro, Elizabeth Brookhart. (Armitage, Scott) (Entered: 07/31/2006)

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