Free Motion Hearing - District Court of Colorado - Colorado

Case 1:03-cv-02453-ZLW-DME

Document 46

Filed 06/20/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Circuit Judge David M. Ebel Senior Circuit Judge John C. Porfilio Senior Judge Zita L. Weinshienk June 20, 2005 Paul Zuckerman, Court Reporter LaDonne Bush, Deputy Clerk Civil Action No. 03-cv-2453-ZLW-CBS KEITH LANCE, CARL MILLER, RENEE NELSON, NANCY O' CONNOR, Plaintiffs, v. DONETTA DAVIDSON, SECRETARY OF STATE FOR THE STATE OF COLORADO, in her Official Capacity only, Monica Marquez Maurice Knaizer Anthony J. Navarro John S. Zakhem Brett R. Lilly

Defendant. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ Hearing on Defendant Donetta Davidson' Motion To Dismiss s 10:39 a.m. Court in session.

Appearances of counsel. Discussion regarding the issues to be argued today. 10:41 a.m. 11:03 a.m. 11:23 a.m. Argument by Mr. Zakhem. Argument by Ms. Marquez. Rebuttal argument by Mr. Zakhem.

Case 1:03-cv-02453-ZLW-DME

Document 46

Filed 06/20/2005

Page 2 of 2

11:25 a.m. 11:31 a.m.

Court in recess. Court in session.

Court' ruling. s ORDERED: Defendant Donetta Davidson' Motion To Dismiss (#31), filed s January 3, 2005, is granted as to the First Claim for Relief based upon the Elections Clause and denied as to the Second Claim for Relief based on an individual right to petition claim under the First and Fourteenth Amendments insofar as the Motion is limited to the issues of Rooker-Feldman and issue preclusion. An opinion supporting the above rulings will be provided by the Court in due course. Mr. Zakhem requests additional briefing on the remaining issue. ORDERED: Within 20 days from today, the parties may file simultaneous briefs on the issue of whether the asserted individual petition right states a claim as a matter of law. The briefs shall not exceed 15 pages. Defendant' oral motion by Ms. Marquez to dismiss the Second Claim under Rule s 12(b)(6) for failure to state a claim. ORDERED: Court accepts Defendant' oral motion to dismiss the Second Claim s as a matter of law. 11:37 a.m. Court in recess.

Total time in court: 00:52 Hearing concluded.

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