Free Exhibit List - District Court of Colorado - Colorado

Case 1:03-cv-02328-RPM-CBS

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Civil Action No. 03CV 2328 (RPM) GREG JOSEPH GONZALES, by and through his best friend, JUNE BRAVO Plaintiffs, v.

OFFICER BRETT C. TITUS, Individually and in his official capacity, And CITY OF DENVER, a Municipality, Defendants.

FINAL PRETRIAL ORDER

1. DATE OF CONFERENCE AND APPEARANCES OF COUNSEL The pretrial conference was held on December 20, 2005 at 11:00 a.m. in person. The parties were represented by the following counsel: For the Plaintiff: Brian DeBauche, Esq. BRIAN DEBAUCHE & ASSOCIATES, L.L.C. 401 Kalamath Street Denver, CO 80204 [email protected] Telephone: (303) 571-5023 Facsimile: (303) 571-5043

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For the Defendants: Eric M. Ziporin, Esq. SENTER GOLDFARB & RICE, L.L.C. 1700 Broadway, Suite 1700 Denver, Colorado 80290 Telephone: (303) 320-0509 Facsimile: (303) 320-0210 [email protected] Attorney for Defendant Brett C. Titus David Bruno, Esq. BRUNO BRUNO & COLIN, P.C. 1560 Broadway, Suite 1099 Denver, Colorado 80202-5143 Telephone: (303) 830-1099 [email protected] Attorney for Defendant Brett C. Titus 2. STATEMENT OF CLAIMS AND DEFENSES 1. Plaintiff: Plaintiff indicates that on the evening of August 23, 2001, he was a passenger in a purple Neon traveling in west Denver. The vehicle was operated by another individual, Jeffrey Pacheco-Dominguez, and occupied by two other passengers. When the Neon approached and stopped for a stop light at West Evans Avenue and South Sheridan Boulevard, a police officer stopped his northbound vehicle at the intersection, despite a green light and waited for their Neon to proceed. Brett C. Titus, a Denver K9 Unit officer and his police service dog Oscar were previously notified of a "bald, Hispanic male with tattoos" menacing a male by displaying a handgun, at 1600 S. Zenobia, a location approximately 6/10 of a mile from the intersection. The officer states he believed the driver Thomas Bigler, Esq. DENVER CITY ATTORNEY'S OFFICE 202 West Colfax Avenue Dept 1108 Denver, Colorado 80202 Telephone: (720) 865-8751 Facsimile: (720) 913-3182 [email protected] Attorney for Defendant City and County of Denver

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of the vehicle matched the aired description of the suspect; however Jeffrey PachecoDominguez was only Hispanic, not bald, and was not involved in the menacing incident. The officer turned his vehicle completely around to follow the purple Neon as it turned southbound, and the driver of the vehicle, Jeffrey Pacheco-Dominguez, sped up and turned down Warren Avenue at high speed, eventually turning off his headlights. Officer Titus followed the vehicle with lights and sirens off, for over a mile, until both vehicles came to a stop in a dead end. The officer witnessed four individuals exit the vehicle and move in separate directions. Officer Titus apprehended two individuals who walked toward him in a southern direction, and allowed his police service dog to chase a third. The police service dog was ordered from the police vehicle with a single command in German, and the dog targeted the third male Hispanic as that person moved toward an evergreen tree ten feet away. The police service dog found and severely attacked 14 year old Greg Gonzales behind that tree, inflicting bites to both his legs. The handler Titus meanwhile, was cuffing and standing guard over the other two individuals. The dog was unsupervised and out of sight of the handler while attacking Plaintiff. At all times relevant to the complaint the officer acted outside the scope of his authority and acted recklessly and with deliberate indifference to Plaintiff's constitutional rights against search and seizure without probable cause, and his rights against unreasonable seizure. After discovering the extent of the injuries to the juvenile Plaintiff, emergency medical attention was requested and Mr. Gonzales was treated. Mr. Gonzales suffered bite wounds that were severe enough he required surgery, skin grafts, and physical therapy. The scarring and impairment are permanent. 3

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The Plaintiffs case is still based on the constitutional violation under the Fourth Amendment; and indicates specifically that the officer acted unconstitutionally in seizing Mr. Gonzales; in seizing him through an excessive use of force; and in seizing him without probable cause to believe he committed any crime. Additionally, this officer and his direct superiors cleared the officer of any wrongdoing, and indicate he was entirely justified in acting as he did. Plaintiff indicates that no case law or statute supports this officer's conduct as in any way legal, in regards to Greg Gonzales who was merely a passenger in a vehicle that was driven improperly. Denver police department policies however conflict as to what would justify the use of force in this case. State law furthermore indicates that probable cause would be required to justify the use of force, and such force must still be reasonable. The use of force continuum used by the officer in making his determination did not appropriately guide his decision; neither did his superiors in their review of the case, nor any policy guideline issued by the Department. No affirmative evidence linked Mr. Gonzales to commission of any crime, so the seizure of Mr. Gonzales was illegal from its inception, including specifically the point at which the officer pointed his gun at the passengers of the vehicle and shouted any warnings to freeze or stop. The actions of the dog after that point were in accordance with its own training and resulted in severe injuries to Mr. Gonzales as the dog shifted its bite and grip upon him. The officer was entirely able to search for Mr. Gonzales with his dog under control, as officer Jeffrey Meyer did a few blocks away with the fourth suspect; however Mr. Titus chose to loose the dog to an unknown location, upon a juvenile who committed no crime himself, for no valid reason. 4

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2. Defendants City and County of Denver and Titus: This case arises from the arrest of Plaintiff on August 23, 2001, when a Denver K-9 Police Officer, Defendant Titus, initiated a traffic stop of a vehicle occupied by four Hispanic teenagers who matched the description of a suspect wanted for threatening an individual with a gun. Earlier that evening, Plaintiff, along with his brother, Jeffrey Pacheco-Dominguez, and two other passengers, Paul Amparan and Josh Santisteven, were out cruising around Denver in Pacheco-Dominguez's girlfriend's purple Dodge Neon. Pacheco-Dominguez was driving the entire evening. The group had met up with some girls at a park, and all passengers within the vehicle besides Plaintiff had consumed alcohol and smoked marijuana. The group was on their way to take one of the passengers home as they approached the intersection of Evans Avenue and Sheridan Boulevard heading westbound on Evans. At or about that time, Defendant Titus had received a dispatch over the radio of a bald, Hispanic male with tattoos who had put a gun to someone's head at 1600 S. Zenobia. Defendant Titus began to make his way to that location, and reached the intersection of Evans Avenue and Sheridan Boulevard within a couple of minutes of the dispatch. That intersection was located one block west and four blocks south of 1600 S. Zenobia. Defendant Titus was eventually stopped at the intersection in the northbound lane of Sheridan due to a red light, and once that light turned green, he continued northbound. At that same time, he witnessed a purple Dodge Neon heading westbound on Evans run a red light at the intersection turning southbound onto Sheridan. The driver of the vehicle, Pacheco-Dominguez, looked directly at Defendant Titus. The driver was a Hispanic male with shaven or closely-cut hair that matched the description of the felony menacing suspect. 5

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The vehicle increased its speed through the intersection, blacked-out its lights, and took off at a very high rate of speed headed southbound on Sheridan. Defendant Titus cleared the intersection, made a u-turn, and followed the vehicle. The purple Neon made a very fast and out-of-control turn westbound on Warren Street into a residential neighborhood. While he was able to maintain a visual of the vehicle, Defendant Titus saw it run stop signs at a high rate of speed and hit dips in the road with such force that sparks were shooting out from underneath the vehicle and causing the vehicle to go airborne. Plaintiff estimates that the vehicle was traveling at about 80 miles per hour through the neighborhood. Defendant Titus eventually lost sight of the vehicle as it had outrun him, but he again obtained visual when he saw the vehicle approach a dead-end cul-de-sac, come to an abrupt stop, with all four passengers bailing out and running away. Upon reaching the privacy fence in the north corner of the cul-de-sac, one suspect climbed over the fence while the remaining three turned and proceeded in the direction of Defendant Titus. Plaintiff was one of the three who approached Defendant Titus.

Defendant Titus was accompanied by his Police Service Dog, Oscar. Defendant Titus drew his firearm and gave repeated warnings to get down on the ground, show their hands, or he would release his dog. Eventually, two of the suspects got down on the ground in front of Defendant Titus, while Plaintiff continued to run toward the southeast corner of the lot contrary to Defendant Titus' law orders. When Defendant Titus' view of the Plaintiff was obstructed by a large pine tree, Defendant Titus released Oscar who engaged Plaintiff. Once Defendant Titus confirmed that the two individuals in the front yard were cooperating in getting onto the ground, he proceeded around the tree to the area where 6

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Oscar had engaged Plaintiff. At that time, Defendant Titus was in a position to maintain a visual on all three suspects. Plaintiff was fighting with Oscar, and Defendant Titus

repeatedly told him to stop doing so and he would release the dog. Once Plaintiff complied, Defendant Titus released Oscar from Plaintiff, who had sustained several injuries to his legs. The total time frame from the dog being deployed until being released from Plaintiff was under thirty seconds. An ambulance was called and cover officers began to arrive immediately thereafter. Eventually the fourth suspect was located by another K-9 officer. Plaintiff was taken to Denver Health Medical Center and treated for his injuries. All suspects were charged with interference pursuant to Denver Municipal Code 38-31 and the driver, Pacheco-Dominguez, was also charged with vehicular eluding. It was later determined that Plaintiff and the other passengers in the purple Neon were not involved in the felony menacing. In his criminal case, Plaintiff entered into a plea agreement with the prosecutor. Defendants deny the substantive allegations within Plaintiff's Third Amended Complaint and Jury Demand. Defendants deny officer Titus violated Plaintiff's

constitutional rights in any way, specifically, that he violated Plaintiff's Fourth Amendment rights. All actions taken by Defendant Titus were objectively reasonable under the

circumstances. Both reasonable suspicion and probable cause existed for the investigatory stop and arrest of Plaintiff, respectively. All force used during the course of Plaintiff's arrest were reasonable and appropriate. All actions taken by Defendant Titus were in good faith and without the intent to injure Plaintiff or deprive him of his constitutional rights.

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As for Defendant Titus' defenses, Plaintiff's Third Amended Complaint fails, at least in part, to state a claim upon which relief can be granted as against Defendant Titus. Plaintiff's remaining claims against Defendant Titus pursuant to 42 U.S.C. § 1983 are barred by the doctrine of qualified immunity. Defendant Titus' actions were at all times legally privileged, including but not limited to the privilege to arrest without an arrest warrant pursuant to C.R.S. §§ 16-3-101 and 16-3-102, the privilege to make an investigatory stop pursuant to C.R.S. § 16-3-103, as well as the privilege to use reasonable force in effectuating an arrest pursuant to C.R.S. § 18-1-701. Plaintiff has failed to reasonably mitigate his alleged damages. Plaintiff's injuries and damages are not of the nature and extent as alleged by Plaintiff. Plaintiff's claims may be limited and/or barred by the doctrines of res judicata and/or collateral estoppel as set forth in Heck v. Humphrey, 512 U.S. 477, 480, n. 2, 114 S. Ct. 2364, 129 L. Ed. 2d 383 (1994). As for Defendant City and County of Denver's defenses, Plaintiff's Third Amended Complaint fails to state a claim upon which relief can be granted as against Defendant City and County of Denver. In addition to the foregoing, Plaintiff's Eighth Claim for Relief fails to state a claim for relief because Plaintiff can not establish a constitutional violation against Denver grounded on supervisory liability as Plaintiff can not identify any supervisory personnel that personally participated in the events complained of, exercised control or direction, or failed to properly supervise in this case. Plaintiff also cannot establish a constitutional violation against Denver grounded on municipal liability because Plaintiff can not identify any official policy or custom of Denver which caused the alleged deprivation of his constitutional rights. 8

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3. STIPULATIONS The following facts are undisputed: 1. On the date in question, Officer Titus of the Denver Police Department responded to a dispatch concerning a felony menacing. 2. Technician Titus was accompanied by a police service dog, which was present in his vehicle. 3. Plaintiff was transported to Denver Health Medical Center by ambulance where he was treated for dog bites. 4. Technician Titus is and was at all times relevant to this complaint, employed as a Denver Police Officer by the Denver Police Department. 5. The parties stipulate to the authenticity of all records produced in this case from the City and County of Denver, the Denver Police Department, the Denver Public Schools, and Denver Health Medical Center. 5. PENDING MOTIONS Defendant Titus filed his Motion for Summary Judgment and supporting brief on November 4, 2005. Plaintiff filed his response to Defendant Titus' Motion for Summary Judgment on December 5, 2005. A reply in support of Defendant Titus' Motion for Summary Judgment will be filed on December 20, 2005. Defendant City and County of Denver filed its motion for Summary Judgment and supporting brief on November 4, 2005. Plaintiff's response to Defendant Denver's Motion for Summary Judgment was filed on December 12, 2005.

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6. WITNESSES 1. Non-expert witnesses to be called by each party: a. Plaintiff's witnesses to be called at trial: 1) Greg Gonzales will testify to all matters relevant to the complaint, including his actions on August 23, 2001, his observations of the officer and the police service dog, the severity of injuries and extent of damages to his legs from the dog bites, and the course of his recovery. 2) Brett Titus will be called to testify regarding his observations and actions on August 23, 2001. 3) Connie Archuleta will be called to testify concerning her observations of the police and the K9 dog, her observations of the defendant, and a description of her yard and house generally. 4) Martha Theurer will be called to testify concerning her observations of the police and the K9 dog, her observations of the defendant, and a description of her yard and house generally. 5) June Bravo will testify generally regarding all aspects of Plaintiffs injuries, recovery, effect on him personally. 6) Jeffrey Pacheco-Dominguez will testify regarding the operation of the purple Neon on the evening of August 23, 2001; his actions and observations of the police vehicle, the officer, and the

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police service dog; his hair style and appearance that night; and his observations of the Plaintiff after the incident. 7) Patricia Litvak, M.D. or Carlos F. Vera, M.D. will testify regarding their observations and treatment of the Plaintiff upon his arrival at the hospital for emergency intervention on the wounds inflicted by the police service dog. 8) Paul Amparan will testify as to his observations of the officer and police service dog on the night alleged, and witnessed all events surrounding the infliction of injuries on the Plaintiff. 9) Evan Hvizdak may be called to testify in person regarding involvement in the subject incident as well as his role as a Supervisor at the Denver Police Department K-9 Unit. 10) Officer Jeffrey Meyer will testify regarding the apprehension of the fourth suspect behind bushes at a house on South Gray, through a detection by his police service dog and a non-physical apprehension. b. Defendants City and County of Denver and Titus' witnesses who will be present at trial: 1) Greg Gonzales will be called to testify in person regarding the evening of August 23, 2001, specifically as to what occurred prior to him and his group making contact with Defendant Titus, the conduct of everyone in the Purple Neon while it was eluding 11

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Defendant Titus, as well as the actions of the group once the vehicle stopped and up until the time of his arrest. Mr. Gonzales will also be called to testify regarding his alleged damages. 2) Jeffrey Pacheco-Dominguez will be called to testify in person regarding the evening of August 23, 2001, specifically as to what occurred prior to him and his group making contact with Defendant Titus, the conduct of everyone in the Purple Neon while it was eluding Defendant Titus, as well as the actions of the group once the vehicle stopped and up until the time of his and Plaintiff's arrest. Mr. Pacheco-Dominguez will also be called to testify regarding Plaintiff's alleged damages. 3) Paul Amparan will be called to testify in person regarding the evening of August 23, 2001, specifically as to what occurred prior to him and his group making contact with Defendant Titus, the conduct of everyone in the Purple Neon while it was eluding Defendant Titus, as well as the actions of the group once the vehicle stopped and up until the time of his and Plaintiff's arrest. Mr. Amparan will also be called to testify regarding Plaintiff's alleged damages. 4) Brett C. Titus will be called to testify in person regarding the evening of August 23, 2001, specifically as to the nature of the felony menacing call on that date, his contact with the purple 12

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Neon prior to the stop, as well as what occurred following the stop and up to Plaintiff's arrest. Mr. Titus will also be called to testify about the Denver Police Department K-9 Policy, as well as his training and supervision regarding the use of his Police Service Dog and general use of force issues. 5) Martha Theurer, an eyewitness to the arrests on August 23, 2001, will be called to testify in person about her perception of the events which occurred during the course of the arrests.

c. Plaintiff's witnesses who may be present at trial: 1) Katie Savarie, P.T., is a physical therapist at St. Anthony Central, and will testify as to her observations of Plaintiff's injuries, recovery, discomfort and treatment. 2) Fran Belo. Ms. Belo has knowledge of the Plaintiff's pain and suffering and future medical needs. Ms. Belo has knowledge of Plaintiff's personality, behavior and physical health before and after the incident. 3) Jeff Ocana, 900 S. Newton, Denver, CO 80219, (720) 319-6490. Mr. Ocana is Plaintiff's step-father. He can testify concerning allegations in the compliant and injuries to Plaintiff, and can indicate the effect of the injuries on Greg Gonzales.

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4) Monique Gonzales. Ms. Gonzales is Plaintiff's sister. Ms. Gonzales has can testify concerning allegations in the compliant and injuries to Plaintiff, and can indicate the effect of the injuries on Greg Gonzales. 5) Sgt. Randy Penn. This sergeant at the Denver Police Department reviewed the use of force reporting as did Sgt. Evan Hvizdak, and cleared Officer Brett Titus after review.

d. Defendants City and County of Denver and Titus' witnesses who may be present at trial: 1) June Bravo may be called to testify in person regarding Plaintiff's alleged damages, his history of a learning disability, as well as his performance in school both prior to and after the subject incident. 2) Jessica Brito may be called to testify in person regarding the 911 call made to the Denver Police Department on August 23, 2001 about a felony menacing. 3) Joshua Santisteven, if located, may be called to testify in person regarding the evening of August 23, 2001, specifically as to what occurred prior to him and his group making contact with Defendant Titus, the conduct of everyone in the Purple Neon while it was eluding Defendant Titus, as well as the actions of the 14

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group once the vehicle stopped and up until the time of his and Plaintiff's arrest. Mr. Santisteven will also be called to testify regarding Plaintiff's alleged damages. 4) Connie Archuleta, an eyewitness to the arrests on August 23, 2001, may be called to testify in person about her perception of the events which occurred during the course of the arrests. 5) Evan Hvizdak may be called to testify in person regarding involvement in the subject incident as well as his role as a Supervisor at the Denver Police Department K-9 Unit. 6) Joe Balusek may be called to testify in person regarding the investigation surrounding Plaintiff's arrest. 7) Paul Berdahl may be called to testify in person regarding the investigation surrounding Plaintiff's arrest. 8) Michael Reichardt may be called to testify in person regarding the investigation surrounding Plaintiff's arrest. 9) Jeffrey Meyer may be called to testify in person regarding the investigation Plaintiff's arrest. 10) Jim Lopez may be called to testify in person regarding the investigation surrounding Plaintiff's arrest. 11) Randy Penn may be called to testify in person regarding the investigation surrounding Plaintiff's arrest. 12) Any witness needed for foundation, impeachment and/or 15

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rebuttal purposes. 2. Expert witnesses to be called by each party: a. Plaintiff's expert witnesses who will be called at trial: 1) Roger Willard will be called to discuss police policy and procedures, the actions of the defendant Titus, the lack of any restraint in the policy Denver used at the time, and the lack of oversight and supervision given this incident. b. Defendants City and County of Denver and Titus' expert witnesses who will be present at trial: 1) Evan Hvizdak will be called to testify in person consistent with the information set forth in his expert report, specifically, but not limited to his opinions that the force used by Defendant Titus was reasonable and appropriate and within generally accepted police practice and procedure. 2) Susan D. Apkon, M.D. will be called to testify in person consistent with the information set forth in her expert report, specifically, but not limited to her opinions that Plaintiff has near full strength in his right lower extremity, that Plaintiff's pain does not significantly impact his day-to-day functioning, and that Plaintiff will not require any additional surgical intervention. c. Plaintiff's expert witnesses who may be present at trial:

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1) Jeffrey Opp, economist, may be called at trial to present testimony of the potential future economic loss of future earning potential for a male with a minor disability, consistent with his expert report. d. Defendants City and County of Denver and Titus' expert witnesses who may be present at trial: 1) Patrick Renfro may be called in person to testify consistent with the information set forth in his expert report, specifically, but not limited to his opinions that the findings of Jeffrey Opp, Plaintiff's expert in the area of economics, are inaccurate and unreliable.

7. EXHIBITS 1. Plaintiff Greg Gonzales:

EXHIBIT NUMBER 1.

BRIEF DESCRIPTION

OFFE R

STIP.

IN

OUT REMARKS

Satellite Image of West Evans Avenue and Sheridan, with 1600 S. Zenobia Photographs of injuries K9 Unit Policy Manual Denver Operations Manual C.R.S. 18-1-107 C.R.S. 16-3-101 to 103 Booking Photos of Paul Amparan, Jeffrey Pacheco-Dominguez, and Josh Santistevan 17

2. 3. 4. 5. 6. 7.

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8.

Use of Force Report by Brett Titus and Randy Penn DPD Statement of Brett Titus (DPD.GONZALES 000093 ­ 000094)(produced by City) DPD Statement of Brett Titus (DPD.GONZALES 000102 ­ 000103)(produced by City) DPD Use of Force Report (DPD.GONZALES 0001 ­ 0002) DPD 105.00 Use of Force policy (Exhibit 7 to Defendant Titus' deposition) Answers to Interrogatories by Defendant Titus Responses to requests for production by Officer Brett Titus K9 Unit Policy Manual pages 5 and 6 Photographs of residence at 2101 S. Harlan Street, Denver, Colorado 80227 and surrounding area Daily training report on PSD Oscar, 12/5/2000 to 9/6/2001 Dog utilization report, DPD Gonzales 1416 to 1511 Diagram of scene drawn by Brett Titus, Exhibits One and Two to his deposition CV for Roger Willard CV for Jeffrey Opp Any document or tangible thing to be used for impeachment, rebuttal, refreshing recollection or establishing foundation

9.

10.

11.

12.

13. 14. 15.

16.

17. 18. 19. 20. 21. 22.

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2. Defendants City and County of Denver and Titus:

EXHIBIT NUMBER

BRIEF DESCRIPTION

OFFER

STIP. X

IN

OUT REMARKS

A-1

Map of City and County of Denver to include intersection of Sheridan Boulevard and Evans Ave. and 201 S. Harlan Street X Dispatch tape of 911 call X CAD print-out of 911 call and radio transmissions (DPD.GONZALES 00006 ­ 00010) Denver Police Department ("DPD" Juvenile Case Summary for Jeffrey Pacheco-Dominguez (DPD.GONZALES 00030 ­ 00031) Jeffrey Pacheco-Dominguez' drawing of scene of arrest (Exhibit B from deposition of Jeffrey Pacheco-Dominguez) DPD Statement of Connie L. Archuleta (DPD.GONZALES 00037) DPD K-9 Unit Policy Manual (DPD.GONZALES 00080 ­ 00148) X DPD Statement of Brett Titus (DPD.GONZALES 000093 ­ 000094)(produced by City) DPD Statement of Brett Titus (DPD.GONZALES 000102 ­ 000103)(produced by City) 19

A-2

A-3

A-4

A-5

A-6

A-7

A-8

X

A-9

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X A-10 DPD Use of Force Report (DPD.GONZALES 0001 ­ 0002) X A-11 DPD 105.00 Use of Force policy (Exhibit 7 to Defendant Titus' deposition) X A-12 Photographs of residence at 2101 S. Harlan Street, Denver, Colorado 80227 and surrounding area Summons and Complaint as to Joshua Santisteven (DPD.GONZALES 000034 ­ 000035)(produced by City) Summons and Complaint as to Paul Amparan (DPD.GONZALES 000036)(produced by City) DPD Continuing Education report for Brett Titus (DPD.GONZALES 000107 ­ 000108)(produced by City) Plaintiff's drawing of scene of arrest (Exhibit B from Plaintiff's deposition) Outpatient Physical Therapy Notes (DPD.GONZALES 001426 ­ 001428) Health History Questionnaire (DPD.GONZALES 001432 ­ 001433) Denver Health Clinical Social Work Progress Record (DPD.GONZALES 001531) Denver Public Schools 20

A-13

A-14

A-15

A-16

A-17

A-18

A-19

A-20

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Authenticity Certificate (DPD.GONZALES 001566)

A-21

Denver Public Schools Official Transcript from Abraham Lincoln High School (DPD.GONZALES 001559) Transcript from Kepner Middle School (DPD.GONZALES 001576) Denver Public Schools Department of Education ­ Speech/Language Assessment (DPD.GONZALES 001651 ­ 001652) Curriculum Vitae of Evan Hvizdak Curriculum Vitae of Susan D. Apkon, M.D. Curriculum Vitae of Patrick Renfro Any document or tangible thing needed for impeachment or rebuttal purposes

A-22

A-23

A-24 A-25

A-26

A-27

8. Discovery: 1. It is Plaintiff's position that discovery remains in question as to its completion. 2. It is Defendant's position that all discovery has been completed. 9. Special issues: 1. Jeffrey Pacheco-Dominguez remains incarcerated in a state correctional facility; and his 21

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appearance by telephone would be required in order for him to testify. 11. Offer of Judgment Counsel acknowledge familiarity with the provision of rule 68 (Offer of Judgment) of the Federal Rules of Civil Procedure. Counsel have discussed it with the clients against whom claims are made in this case. 12. Effect of Final Pretrial Order Hereafter, this Final Pretrial order will control the subsequent course of this acation and the trial, and may not be amended except by consent of the parties and approval by the court or by order of the court to prevent manifest injustice. The pleadings will be deemed merged herein. This Final Pretrial order supersedes the Scheduling Order. In the event of ambiguity in any provision of this Final Pretrial Order, reference may be made to the record of the pretrial conference to the extent reported by stenographic notes or audiotape recording, and to the pleadings. 13. TRIAL AND ESTIMATED TRIAL TIME: FURTHER TRIAL PREPARATION PROCEEDINGS 1. The trial is to a jury. 2. The estimated length of trial is five (5) days. 3. The trial will be held at the United States District Court for the District of Colorado. 4. The parties are unaware of any other orders pertinent to the trial proceedings. DATED: this ___ day of ________________, 2005.

BY THE COURT: 22

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______________________________________ United States District Judge Richard P. Matsch APPROVED:

/s Brian DeBauche Brian DeBauche, Esq. 401 Kalamath St. Denver CO 80204 (303) 571-5023 Attorney for Plaintiff

/s Thom Bigler Thomas Bigler, Esq. 201 W. Colfax Ave., Dept. Denver CO 80202-5332 (720) 913-3302 Attorney for Defendants

/s Eric Ziporin Eric Ziporin, Esq. Thomas Rice, Esq. Senter Goldfarb & Rice, L.L.C. P.O. Box 22833 Denver CO 80222-0833

_______________________________ David Bruno, Esq. Bruno Bruno & Colin, PC 1560 Broadway #1099 Denver CO 80202-5143

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