Free Motion Hearing - District Court of Colorado - Colorado

Case 1:04-cv-00538-ZLW-CBS

Document 53

Filed 06/23/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer

Civil Action No.: 04-cv-00538-ZLW-CBS Date: June 23, 2005

FTR-Reporter Deck CourtroomA402 Courtroom Deputy, Ellen E. Miller

MARK L. TEAGUE Plaintiff(s), v. TOWN OF DEL NORTE Defendant(s).

Pro Se (by telephone)

Marni Nathan Kloster (by telephone) J. Andrew Nathan (by telephone)

COURTROOM MINUTES HEARING: TELEPHONIC MOTIONS HEARING Court in Session: 9:00 a.m. Court calls case. Telephonic appearance of Pro Se Plaintiff and Defense counsel. Opening statements by the Court. Discussion is held regarding Defendant' Motion to Appear by Telephone for his deposition. s Mr. Nathan objects to the motion and requests an extension of time to accommodate Mr. Teague' s surgery schedule, and an extension of expert deadlines. It is ORDERED: Defendant' s MOTION FOR LEAVE TO APPEAR BY TELEPHONE AT DEPOSITION (Docket NO. 48, Filed June 06, 2005) is GRANTED without prejudice to the Defendants'right to move to re-open the deposition for a face-to-face deposition in Denver should the circumstances of the telephone deposition prove insufficient.

The telephonic deposition shall be set at a mutually agreeable time within two weeks of today' s date. At this time, there are no changes to the existing deadlines. The Court directs Mr. Nathan to prepare and submit for signature an Order consistent with the ruling made from the bench in regard to this Motion.

Case 1:04-cv-00538-ZLW-CBS

Document 53

Filed 06/23/2005

Page 2 of 2

Discussion is held regarding Plaintiff' Motion to Compel. s As to REQUEST # 5: the Court directs Defendants to produce copies of all traffic citations written by Officers Martinez, Archuleta, Teague, Fresquez, and Chief Sailee during the time period of May 2002 through August 2002. As to REQUEST # 6: the Court directs Defendants to produce portions from the personnel files of Officers Martinez, Archuleta, and Fresquez. Those specific portions shall include applications for employment, letters of reprimand, work performance review during their probationary period and documents that reflect whatever, if any, training they received. No production is required for any officers not on the force at the same time as Mr. Teague. As to REQUEST # 8: the Court directs Defendants to produce the printed material that all training officers would use while conducting training on a new officer. If there is no such manual or book form, the Defendant shall indicate that. As to REQUEST # 11: the Court directs Defendants to produce copies of any past or current lawsuit complaints (not the entire file) in State or Federal Court from January 01, 1999 to the present naming the Town of Del Norte or Mr. Philips or Chief Sailee as defendants in cases where the plaintiff is alleging Title VII or 42 U.S.C. § 1981. As to REQUEST # 12: the Court notes Mr. Phillips is not a party in this case.

It is ORDERED:

Plaintiff' MOTION TO COMPEL (Docket No. 50, Filed June 13, s 2005) is GRANTED IN PART and DENIED IN PART for reasons as stated on the record.

HEARING CONCLUDED. Court in recess: 9:52 a.m. Total In-Court Time: 00:52