Free Motion Hearing - District Court of Colorado - Colorado

Case 1:03-cv-02633-PSF-PAC

Document 177

Filed 09/20/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Patricia A. Coan Civil Action No. 03-cv-02633-PSF-PAC Date: September 20, 2005 LILLIAN BARTON, Plaintiff, v. CITY AND COUNTY OF DENVER, OFFICER R. BLEA, Badge No. 99006, OFFICER N. SAGEN, Badge No. 96-021, OFFICER JOHN DOE, MAYOR JOHN HICKENLOOPER, in his Official capacity, WELLINGTON WEBB, as former Mayor, in his Official capacity only, GERALD R. WHITMAN, in his Official capacity as Chief of Police, City and County of Denver, J. WALLACE WORTHAM, JR., former Denver City Attorney, in his Official capacity, and CHRIS RAMSEY, former Denver Deputy City Attorney, in his Official capacity only, Defendants. Brett Anthony McDaniel FTR - PAC COURTROOM A-501 Deputy Clerk: Ben Van Dyke No appearance

COURTROOM MINUTES / MINUTE ORDER Motions Hearing 1:36 p.m. Court in session.

Court calls case. Appearance of Defendants' counsel. Plaintiff does not appear. ORDERED: The clerk' office is instructed to remove Defendants' s Unopposed Motion for Leave to take the Deposition of Lillian Barton After the Discovery Cut-off dated July 29, 2005 (doc. 137) from the pending motions list, as it was GRANTED by the Court' minute order dated August 9, 2005 (doc. 141). s

Case 1:03-cv-02633-PSF-PAC

Document 177

Filed 09/20/2005

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Civil Action No. 03-cv-02633-PSF-PAC Date: September 20, 2005

ORDERED:

Plaintiff' Motion for Court to Determine the Sufficiency of Defendant s Richard Blea' Answers and Objections to Plaintiff' Request for s s Admissions Dated June 20, 2005 Pursuant to Fed.R.Civ.P. 36(a) and to Apply Appropriate Sanctions Pursuant to Fed.R.Civ.P. 37(a)(2) for Plaintiff' s Having to Prove the Genuineness of Documents Entitled (Exhibit E) and (Exhibit G) dated August 9, 2005 (doc. 142) is DENIED for failure to comply with D.C.COLO.LCivR 37.1. Defendants'request for fees in their Response is DENIED. Plaintiff' Motion for Order to Compel Discovery Under Fed.R.Civ.P. 37(a) s dated July 15, 2005 (doc. 132) and Plaintiff' Motion to Amend Plaintiff' s s Motion to Compel Filed on July 15, 2005 dated August 25, 2005 (doc. 155) are DENIED. Plaintiff was allowed twenty-five (25) requests for admissions by the Scheduling Order, and Plaintiff exceeded that limit by propounding one hundred (100) requests for admissions to defendants following her initial twenty-five (25) requests to Mr. Blea. Defendants'requests for fees in their Responses are DENIED. Plaintiff' Motion for District Court to Deny Defendants' s Combined Response to and Motion to Strike Dated July 28, 2005 on the Grounds that Said Combined Response and Motion are in Violation of Rule D.C.Colo.LCivR 7.1.C. Motion; D.C.Colo.LCivR 7.1.A Motions as Plaintiff is not in Violation of Rule 12(F) dated August 12, 2005 (doc. 143) is DENIED, except that Defendants' Motion to Strike is hereby STRICKEN. Local Rule 7.1.C. does not permit a motion to be filed in a response. Motion for Leave of Court to Amend and Supplement Plaintiff' " s Motion to Compel" Filed 7/15/05 Pursuant to Fed.R.Civ.P.15(a)(b) and to Reschedule/Vacate Court Ordered Hearing Set for 8/31/05 Regarding Said Motion to Allow Defendants to Respond to " Plaintiff' s " Amended/Supplemental Motion to Compel"dated August 15, 2005 (doc. 147) is DENIED as to the motion to amend/supplement and is DENIED as moot as to the motion to reschedule/vacate. Defendants'request for fees in their Response is DENIED. Plaintiff' Motion to Suppress; to Object; to Oppose Defendants' s Motion for Partial Summary Judgment on the Grounds that Defendants'Supporting Brief is Based on Incomplete, Unreviewed, Unsigned, Uncertified Record of Deposition in Violation of Fed.R.Civ.P. 30(e) and 30(f) and Federal Rules of Evidence: 1001, 1002, 1003, 1004, 1005, 1006, 1007 dated August 31, 2005 (doc. 164) is DENIED. Plaintiff may file a supplement to her Response to Defendants'Motion for Partial Summary Judgment and attach her corrected deposition pages by September 30, 2005. Defendants'request for fees in their response is DENIED.

ORDERED:

ORDERED:

ORDERED:

ORDERED:

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Case 1:03-cv-02633-PSF-PAC

Document 177

Filed 09/20/2005

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Civil Action No. 03-cv-02633-PSF-PAC Date: September 20, 2005 ORDERED: Plaintiff' Motion for Preliminary Injunction Pursuant to Fed.R.Civ.P. 65 to s Restrain Defendants and District Court from Moving on Pro Se Plaintiff Lillian Barton on Uncertified , Unsigned, Incomplete Deposition and to Restrain District Court from Hearing on Said Fraudulent Documentation Scheduled for September 20, 2005 dated September 16, 2005 (doc. 172) is DENIED. Plaintiff fails to show a substantial likelihood of success on the merits, irreparable injury, that the injury to Plaintiff outweighs the injury to Defendants, and that the injunction is not adverse to public policy. Further Plaintiff' implied request for recusal made in this motion is DENIED. A s written order will follow these minutes. Plaintiff' Motion and Emergency Notice to Vacate/Reschedule Court s Hearing Set for September 20, 2005 dated September 19, 2005 (doc. 174) is DENIED. Plaintiff failed to provide documentation or verification of any emergency; the Court has already vacated/rescheduled the hearing once; and, the motions needed to be ruled upon. Court in recess. 20 minutes.

ORDERED:

1:56 p.m.

Total time in court: Hearing concluded.

*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.

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