Free Jury Trial - Held - District Court of Colorado - Colorado

Case 1:04-cv-01067-MSK-CBS

Document 156

Filed 06/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Date: June 27, 2006 Ginny Kramer, Courtroom Deputy Suzanne Claar, Court Reporter Civil Case No. 04-cv-01067-REB-CBS Parties Counsel

WILLIAM R. CADORNA, Plaintiff(s), v. CITY and COUNTY OF DENVER,

Mark Brennan

Jack Wesoky Christopher Lujan

Defendant. ___________________________________________________________________________ _ COURTROOM MINUTES - JURY TRIAL DAY SIX ___________________________________________________________________________ _

8:20 a.m.

Court in session.

Jury is not present. Defendant tenders to the Court their Motion to Strike Testimony, Issue Currative Instruction and for Sanctions, [152] filed June 26, 2006. Argument by the Defendant re: Defendant' Motion to Strike Testimony, Issue Currative s Instruction and for Sanctions. Response to Defendant' motion by Mr. Brennan, for the Plaintiff. s Plaintiff informs the court that they have made a good faith effort in serving a subpoena on Mr. Jim Stein and requests that the court have the United States Marshal serve the subpoena on Mr. Jim Stein. 1

Case 1:04-cv-01067-MSK-CBS

Document 156

Filed 06/27/2006

Page 2 of 4

8:35 a.m. Court in recess. 9:10 a.m. Court in session. Jury is not present. Argument by Mr. Brennan, as to Plaintiff' request to have the United States Marshal to s serve a subpoena on Mr. Jim Stein. Response by Mr. Wesoky, for the Defendant. The Court enters Findings of Fact, Conclusions of Law and orders. ORDERED: Plaintiff' request to obtain the United States Marshal to serve a subpoena s on Mr. Jim Stein, is DENIED. 9:28 a.m. 9:29 a.m Jury is present. Plaintiff rests.

Jury is excused. 9:30 a.m. 9:38 a.m. Court in recess. Court in session.

The court and counsel discuss mid-trial motions. Plaintiff makes oral motion for Judgment of Law, in favor of the Plaintiff. Response by Mr. Wesoky, for the Defendant. Reply by the Plaintiff. Defendant makes oral motion for Judgment as a Matter of Law. Argument by Mr. Wesoky, for the Defendant. Response by Mr. Brennan, for the Plaintiff. Reply by the Defendant. 11:35 a.m. 1:10 p.m Court in recess and shall reconvene at 1:00 p.m. Court in session.

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Case 1:04-cv-01067-MSK-CBS

Document 156

Filed 06/27/2006

Page 3 of 4

The parties are tendered the Court' Order re: Mid-trial cross-motions for Entry of s Judgment as a Matter of Law.

IT IS ORDERED: 1. That plaintiff' mid-trial, oral motion for entry of judgment as a s matter of law on his age discrimination claim for failure to reinstate is DENIED; That defendant' mid-trial, oral motion for entry of judgment as a s matter of law on plaintiff' age discrimination claims for termination s and for failure to reinstate are DENIED; That defendant' mid-trial, oral motion for entry of judgment as a s matter of law on plaintiff' " s embedded retaliation"claim is DENIED as MOOT because the plaintiff has not presented or preserved such a claim; That defendant' mid-trial, oral motion for entry of judgment as a s matter of law on plaintiff' substantive due process claims is s GRANTED, and, therefore, plaintiff' substantive due process s claims are DISMISSED; That any claim for age discrimination based on disparate impact is DISMISSED.

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1:15 p.m.

Jury is present.

Defendant calls witness, Mr. Frank Hoffman. Witness is sworn. 1:15 p.m. 2:20 p.m. Direct examination of witness, Mr. Frank Hoffman, by Mr. Lujan. Cross examination of witness, Mr. Frank Hoffman, by Mr. Brennan, for the plaintiff.

Witness is excused and released from subpoena. Defendant calls witness, Asst. Chief Kelley Caldwell. Witness is sworn.

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Case 1:04-cv-01067-MSK-CBS

Document 156

Filed 06/27/2006

Page 4 of 4

2:45 p.m. 3:15 p.m. 3:35 p.m. 3:35 p.m. 4:29 p.m.

Direct examination of witness, Asst. Chief Kelley Caldwell, by Mr. Lujan. Court in recess. Court in session. Cross examination of witness, Asst. Chief Kelley Caldwell, by Mr. Brennan. Redirect examination of witness.

Witness is excused and released from subpoena. Defendant calls witness, Mr. Tracy Howard Witness is sworn. 4:44 p.m. 5:00 p.m. Direct examination of witness, Mr. Tracy Howard, by Mr. Wesoky. Court in recess and shall reconvene on June 18, 2006 at 8:30 a.m.

Total in court time: 6 hours and 12 minutes - Trial continued

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