Free Motion Hearing - District Court of Colorado - Colorado

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

Document 130

Filed 06/22/2005

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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: June 22, 2005 LILLIAN BARTON, Plaintiff, v. CITY AND COUNTY OF DENVER, OFFICER R. BLEY, 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, GERALD R. WHITMAN, Chief of Police, City and County of Denver in his official capacity, J. WALLACE NORTHAM, JR., former Denver City Attorney, in his official capacity, CHRIS RAMSEY, former Denver Deputy City Attorney, in his official capacity, Defendants, Seth Rider FTR - PAC COURTROOM A-501 Deputy Clerk: J. Chris Smith Pro se

COURTROOM MINUTES / MINUTE ORDER Motions Hearing 3:26 p.m. Court in session.

Court' preliminary remarks. s Entry of appearance by counsel. Plaintiff appears pro se. Court' statements regarding pending motions. s ORDERED: Plaintiff' Motion for Fourth Enlargement of Time, filed December 30, 2004 s (doc. 99), is denied as moot.

Plaintiff states motion for stay of an Order pending appeal (doc. 106) has been resolved by dismissal by Appeals Court.

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

Document 130

Filed 06/22/2005

Page 2 of 3

Civil Action No. 03-cv-02633-PSF-PAC Date: June 22, 2005 ORDERED: Plaintiff' Motion for Stay of an Order Pending Appeal of Judgment of s January 25th, 2005 for Plaintiff to Pay Sanctions to Defendants Pursuant to Violation of Rule 37, filed January 28, 2005 (doc. 106), is denied as moot.

Counsel and plaintiff state there are still unresolved motions. Discussion and argument on remaining pending motions. Court' findings as stated on record. s ORDERED: Plaintiff' Motion for Relief from Order/Judgment Issued on January 25, s 2004 on the Grounds that Relief Should Be Granted Pursuant to Fed.R.Civ.P. Rule (60) (3) (2) Misrepresentation, Fraud, and Misconduct; and, Rule Fed.R.Civ.P. 61.5 Discovery - Harmless Error, filed March 24, 2005 (doc. 116), is denied. Plaintiff' Motion for Stay to Enforce Court Order/Judgment of Jan. 26, 2005 s Pending the Disposition of a Relief from Judgment/Order Made Pursuant to Rule 60 filed March 24, 2005, filed April 25, 2005 (doc. 119), is denied. Plaintiff' Motion to Correct Harmless Error in Caption Potion and Page 1 of s March 24, 2005 Motion for Relief from Order/Judgment, filed April 25, 2005 (doc. 118), is granted. The corrections that plaintiff requests to be made in her motion will be made to the caption of the March 24, 2005 motion. Plaintiff' Motion to Compel Defendants to Disclose Expert Disclosure s Pursuant to Fed.R.P. 26(a)(2) and Fed.R.Civ.P. 36 - Physical and Mental Examination of Persons, filed May 11, 2005 (doc. 122), is denied. Defendant' Request for Attorney Fees contained in Defendants'Response s to Plaintiff' Motion to Compel, filed June 3, 2005 (doc. 125), is denied. s Plaintiff' Unopposed Motion for Sixth Enlargement of Time, filed June 20, s 2005 (doc. 127) is granted in part with respect to an extensions of time and denied in part with respect to the extent of time requested. Written discovery shall be served no later than June 29, 2005, Discovery cut-off deadline is August 1, 2005 and dispositive motions deadline is August 15, 2005. No more extensions of time will be permitted. Plaintiff' Request to Attach an Attachment to the June 20, 2005 Motion s Doc. 127, filed June 21, 2005 (doc. 129), is granted to the extent that it is a motion and the attachment is made to the June 20, 2005 motion.

ORDERED:

ORDERED:

ORDERED:

ORDERED:

ORDERED:

ORDERED:

Court advises plaintiff regarding complying with the Local Rules with respect to filing motions and conferring with opposing counsel.

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

Document 130

Filed 06/22/2005

Page 3 of 3

Civil Action No. 03-cv-02633-PSF-PAC Date: June 22, 2005 Court also advises plaintiff to not file frivolous motions. ORDERED: If plaintiff does not comply with D.C. Colo.L.Civ.R. 7.1.A. in the future, motions which do not contain the required certification will be summarily denied.

Court instructs plaintiff to work with opposing counsel in the preparation of a proposed final pretrial order. 3:50 p.m. Court in recess.

Hearing concluded. Total time in court: 24 min.

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